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O D
O F
E
GENTOO LAWS,
O R,
ORDINATIONS
O F T H E
P U N D ITS,
FROM A
PersianTranslation,
MADE FROM THE
ORIGINAL,
WRITTEN IN THE
SHANSCRIT LANGUAGE.
L O N D O N:
Printed in the Year m dcc lxxvj,
X2-C6
LETTER
FRO M.
WARREN HASTINGS, Efq.
Governor-General of Fort-WUBam^ in Bengal \
TO THE
COURT of DIRECTORS
OF THE
United Company of Merchants of Kfigland^ Trading to the
E A S T - I N D I E S.
Honourable Sirs,
I HAVE now the Satisfaction to tranfmit to you a complete
and corrected Copy of a Translation of the Gen too Code,
executed with great Ability, Diligence and Fidelity, by Mr.
Halted, from a Perfian Verfion of the original Shanfcrit,. which
was undertaken under the immediate Infpection of the Pundits or
Compilers of this Work*
I HAVE
( iv )
I have not Time to ofFer any Obfervations upon thefe Produc-
tions; indeed they will beft fpeak for themfelves : I could have
v.iihed to have obtained an Omiflion or Amendment of fome PafT-
sges, to have rendered them more fit for the Public Eye; but the
Pundits, when defired to revife them, could not be prevailed upon
to make any Alterations, as they declared, they had the Sanction of
their Shatter, and were therefore incapable of Amendment; potfibly
thefe may be coniidered as eilential Parts of the Work, fince they
mark the Principles on which many of the Laws were formed, and
bear the Stamp of a very remote Antiquity, in which the Refine-
ments of Society were lefs known, and the Manners more influenced
ly the natural Impulie of the Paflions.
I n ave the Honour to be, with the greateit Refpecl,
Honourable Sirs,
Your moil obedient,
And mofl faithful humble Servant,
Warren Haftings.
Fort-WiHiam,
■ . , 1 775.
( v )
LETTER
To the CHAIRMAN of the Court of Directors
of the United Eaft-India Company, dated at Calcutta,
6th Auguft, 1775.
SIR,
IH A V E too long ferved under Mr. Haftings not to be con-
vinced, that he would never have fuffered the accompanying
Addrefs to go home in his Enclofure ; reduced therefore to the
NecefTity of eluding his Knowledge, I have taken the Liberty, by
this only poUible Method, toexprefs my Gratitude for his Favours :
and the peculiar Circumftances of the Cafe will, I hope, apologize
to you, Sir, for the x^bruptnefs of this Intrufion. — I humbly re-
quefr, that when the Code of Gentoo Laws, Preliminary
Treatise, &c. mail come to be printed, you will alfo b;.
to permit the Publication of this Addrefs.
I am, with the greateft Refpedt,
S I R,
Tour mqfi obedient : SerVi .
Nathaniel Brajfey Ha
B
TO THE
Hon* TFARR E N HASTINGS, Efq.
GOVERNOR-GENERAL
OF THE
Britifli Settlements in the E aft -Indies, &c. &c.
Honourable SIR,
BY the Publication of the Collection of Gen too Laws, made
under your immediate Authority, I find myfelf involuntarily
held forth to the Public as -an Author, almofl as foon as I
c commenced to be a Man.
It is therefore with fome Propriety that I claim to this Work
the Continuation of your Patronage, which as it at firft felected
me from a Number of more worthy Competitors to undertake the
Talk, fo it lias by conftant Afliftance and Encouragement been the
entire Inurnment of its Completion. — Indeed, if all the Lights,
which at different Periods have been thrown upon this Subject,
by your happy Suggestions, had been with-held, there would have
remained for my Share of the Performance nothing but a Mafs of
Obfcurity and Confufion ; fo that in your own Right, the whole
Refult of the Execution is yours, as well as the entire Merit of the
Lnal PI.
It
( vii )
It is my earnefl Wifh that you may long be the prime Adminif-
trator of an Eftablifhment, to which you have fo excellently paved
the Way; as I am fure your extenfive general Knowledge, joined to
your particular Experience in the Affairs of India, give you Ad-
vantages which can fcarcely fall to the Share of any other Subject
of the Britifi Empire.
I am, with the greateft Refpect and Gratitude,
Honourable SIR,
Tour mojl obliged,
And mojl obedient Servant,
Nathaniel Brajfey Halloed.
( i<
T H E
5
TRANSLATOR S PREFACE.
THE Importance of the Commerce of India, and the Advantages
of a Territorial Eftabliihment in Bengal, have at length awakened
the Attention of the Britifh Legiilature to every Circumftance
that may conciliate the Affections of the Natives, or enfure Stability
to the Acquifition. Nothing can fo favourably conduce to thefe two
Points as a well-timed Toleration in Matters of Religion, and an
Adoption of fuch original Institutes of the Country, as do not im-
mediately clafh with the Laws or Interefts of the Conquerors.
To a fteady Purfuance of this great Maxim, much of the Succefs
of the Romans may be attributed, who not only allowed to their fo-
reign Subjecis the free Exerciie of their owji Religion, and the Ad-
miniftration of their own civil Jurifdiclion, but fometimes by a Po-
C licy
( * )
licy ftill more flattering, even naturalized fuch Parts of the Mytho-
logy of the Conquered, as were in any refpect compatible with their
own Syftcin.
With a View to the fame political Ad vantages, and in Obfervance
of fo ftriking an Example, the following Compilation was fet on
foot; which mud be confidered as the only Work of the Kind,
wherein the genuine Principles of the Gentoo Jurifprudence are made
public, with the Sanction of their moil: refpectable Pundits (or
Lawyers^ and which offers a complete Confutation of the Belief too
common in Europe, that the Hindoos have no written Laws what-
ever, but fuch as relate to the ceremonious Peculiarities of their
Superitition.
The ProfefTors of the Ordinances here collected itill fpeak the ori-
ginal Language in which they were compofed, and which is entirely
unknown to the Bulk of the People, who have fettled upon thofe
ProfefTors feveral great Endowments and Benefactions in all Parts of
Hindoilan, and pay them befides a Degree of perfonal Refpect little
moit of Idolatry, in return for the Advantages fuppofed to be derived
from their Studies. A Set of the moft experienced of thefe Lawvers
was felected from every Part of Bengal for the Purpofe of compiling
the prefent Work, which they picked out Sentence by Sentence
from various Originals in the Shanfcrit Language, neither add-
ing to nor diminishing any Part of the ancient Text. The Ar-
ticles thus collected were next tranflated literally into Perfian, under
the Infpedtion of one of their own Body; and from that Tranflation
were
( » )
were rendered into Englifh with an equal Attention to the Clofenefs
and Fidelity of the Verfion. Lefs ftudious of Elegance than of Accu-
racy, the Tranilator thought it more excufable to tire the Reader
with the Flatnefs of a literal Interpretation, than to miflead him by
a vague and devious Paraphrafe ; fo that the entire Order of the Book,
the feveral Divifions of its Contents, and the whole Turn of the
Phrafe, is in every Part the immediate Product of the Bramins. The
Englifli Dialect in which it is here offered to the Public, and that
only, is not the Performance of a Gentoo. From hence therefore
may be formed a precife Idea of the Cuftoms and Manners of thefe
People, which, to their great Injury, have long been mifreprefented
in the Weftern World. From hence alfo Materials may be collected
towards the legal Accomplishment of a new Syftem of Government
in Bengal, wherein the Britifh Laws may, in fome Degree, be foftened
and tempered by a moderate Attention to the peculiar and national
Prejudices of the Hindoo ; fome of whofe Inftitutes, however fanci-
ful and injudicious, may perhaps be preferable to any which could be
fubftituted in their room. They are interwoven with the Religion
of the Country, and are therefore revered as of the higheil Authority :
They are the Conditions by which they hold their Rank in Society,
Long Ufage has perfuaded them of their Equity, and they will always
gladly embrace the Permiffion to obey them ; to be obliged to re-
nounce their Obedience would probably be cfleemed among them a
real Hardfhip.
Thb
-
( k!1 )
The Attention which the Tranflatorwas forced to beftowupon fa
uncommon a Subject, the Number of Enquiries necelLry for the Elu-
cidation of almoft every Sentence, and the many Opportunities of moil
five Information, which the Courfe of the Work prefented, give
him in fome Meafure a Right to claim the Conviction of trie World
upon many dubious Points, which have long eluded the niceft In-
veftigation. He is very far from wifhing to eftablifh his own Doc-
trines upon the Ruins of thofe which he found already erected ; and
when he oppofes popular Opinion, or contradicts any ill-grounded
Affertion, it is with the utmoit Diftruft of his own Abilities, and
merely in Submimon to the Authority of that Truthwhich the Can-
did will ever be glad to fupport, even in Prejudice to a Syftem of
their own Formation.
In a Tract fo untrodden as this, many Paths muft be attempted
before we can hit upon the right. We owe much to every Perfon,
who in fo tioublefome a Road hath removed a fingle Obfiacle, or
ed the fmalleft Channel for Difcovery; and the more difficult
the Completion of the Adventure, the greater is the Merit of each
Attempt. The prefent Work however is the only one of this Na-
ture ever undertaken by Authority ; the only Infhnce, in which the
Bramins have ever been perfuaded to give up a Part of their own Con-
fequencc for the general Benefit of the whole Community : Ani the
of the Tranflator muft be confidered as entirely the pafiive In-
ftrument, by which the Laws of this fingular Nation are ufhered into
I • World from thofe Bramins themfelves.
3 In
( atiii )
In this preliminary Treatife it is propofed, after a few general and
introductory Obfervations, to attempt a fliort Account of the Shanfcrit
Language, and an Explanation of fuch PafTages in the Body of the
Code, as may appear by their Peculiarity or Repugnance to our Sen-
timents to lie moft open to Objection.
Many conjectural Do&rines have been circulated by the Learned
and Ingenious of Europe upon the Mythology of the Gentoos; and
they have unanimoufly endeavoured to conftrue the extravagant Fa-
bles with which it abounds into fublime and myftical Symbols of
the moft refined Morality. This Mode of reafoning, however com-
mon, is not quite candid or equitable, becaufe it fets out with fup-
pofing in thofe People a Deficiency of Faith with Refpect to the Au-
thenticity of their own Scriptures, which, although our better In-
formation may convince us to be altogether falie and erroneous,
yet are by them literally efteemed as the immediate Revelations of
the Almighty -, and the fame confidential Reliance, which we put in
the Divine Text upon the Authority of its Divine Infpirer himfelf,
is by their miftaken Prejudices implicitly transferred to the Beids of
the Shafter. Hence we are not juftified in grounding the Standard
and Criterion of our Examination of the Hindoo Religion upon the
known and infallible Truth of our own, becaufe the oppofite Party
would either deny the firft Principles of our Argument, or infi:t
upon an equal Right on their Side to fuppofe the Veracity of their
own Scriptures uncontrovertible.
D It
( *iv )
It may poflibly be owing to this Vanity of reconciling every
other Mode of Worfhip to fome Kind of Conformity with our own,
that allegorical Conitru&ions, and forced Allufions to a myftic
Morality, have been constantly foifted in upon the plain and literal
Context of every Pagan Mythology. But we mould confider, that
the Inftitution of a Religion has been in every Country the firfl
Step towards an Emerfion from Savage Barbarifm, and the Efta-
blifhment of Civil Society ; that the human Mind at that Period,
when Reafon is jufl beginning to dawn, and Science is yet below
the Horizon, has by no Means acquired that Facility of Invention,
and thofe profound Habits of thinking, which are necefTary to
flrike out, to arrange, and to complete a connected, confident
Chain of abftrufe Allegory. The Vulgar and Illiterate have al-
ways underftood the Mythology of their Country in its moil fim-
ple and literal Senfe -, and there was a Time to every Nation, when
the higheft Rank in it was equally vulgar and illiterate with the
loweit. Surely then, we have no Right to fufpect in Them a
greater Propenfity to, or Capability of the Composition of fuch
fubtle Myfleries in thofe Ages of Ignorance, than we find to exifr.
in their legitimate SucceiTors, the modern Vulgar and Illiterate at
this Day.
We have feen frequent and unfuccefsful Attempts among our-
felvcs to fublimate into allufive and fymbolical Meanings the Mo-
faic Account of the Creation : Such erratic Syftems have rifert
but to be exploded ; and their mutual Difagreement with each
other,
4
( xv )
other, in thefe fanciful Interpretations, is to us an additional Argu-
ment for the literal Veracity of the Infpired Penman. The Faith
of a Gentoo (mifguided as it is, and groundlefs as it may be) is
equally implicit with that of a Chriftian, and his Allegiance to his
own fuppofed Revelations of the Divine Will altogether as firm.
He therefore eSteems the aitonifhing Miracles attributed to a
Brihma, a Raam, or a Kiihen, as Facts of the moil indubitable
Authenticity, and the Relation of them as moSt Strictly historical.
But not to interfere with fuch Parts of the Hindoo Mytholo-
gy as have not been revealed or explained to him, the Translator
can pofitively affirm, that the Doctrine of the Creation, as fet forth
in the prefatory Difcourfe to this Code, is there delivered as fim-
ple and plain Matter of Fact, and as a fundamental Article in
every pious Gentoo's Creed; that it was fo meant and underftood
by the Compilers of this Work unanimously, who bore the firft
Characters in Bengal, both for their natural and acquired Abili-
ties , and that their Accounts have been corroborated by the In-
formation of many other learned Bramins in the Courfe of a wide
and laborious Enquiry ; nor can it be ctherwifc, unlefs the Pro-
grefs of Science, inftead of being flow and gradual, were quick and
instantaneous ; unlefs Men could Start up at once into Divines and
Philofophers from the very Cradle of Civilization, or could defer
the ProfeSTion of any Religion at all, until progreffive Centuries had
ripened them into a Fitnefs for the moft abstracted Speculations.
Yet
( xvi )
Yi;r it may fairly be prefumed, that when the Manners of a
People become polilhed, and their Ideas enlightened, Attempts.
will be made to revile and refit their Religious Creed into a Con-
formity with the Reft of their Improvements ; and that thofe Doc-
trines, which the ignorant Anceftor received with Reverence and
Conviction, as the literal Expoiition of undoubted Fact, the
philofophic Defcendant will ilrive to glofs over by a pojieriori Con-
ilructions of his own ; and, in the Fury of Symbol and Allegory,
obfcure and diflort that Text which the Simplicity of its Author
never fufpected as liable to the Poflibility of fuch Mutilation. —
Thefe Innovations however have always been fcreened, with the
moil: fcrupulous Attention, from the general View of Mankind ;
and, if a hardy Sage hath at any Time ventured to remove the Veil,
his Opinions have ufually been received with Deteftation, and his
Perfon hath frequently paid the Forfeit of his Temerity.
The real Intention and Subject of the Eleufinian Myfteries are
now well known ; but it cannot, with much Plaufibility, be pre-
tended, that thofe Myfteries were coeval with the Mythology to
whofe Difproval they owed their Eftablimment : Probably, the
Inilitution was formed at a more advanced Period of Science, when
the Minds of the Learned were eager to pierce through the Obfcu-
rity of Superflition, and when the Vanity of fuperior Penetration
made them afhamed literally to believe thofe Tenets, which popular
Prejudice would not furTer them utterly to renounce.
Instances
( xvii )
Instances in Support of this Argument might perhaps, with-
out a Strain, be drawn even from fomc Parts of the Holy Scrip-
tures : And here the Account of the Scape-Goat, in the Laws of
Mofes, offers itfelf for that Purpofe with the greater Propriety, as
it is not altogether difiimilar to a particular Inftitute of the Gen-
toos. The infpired Author, after defcribing the preliminary Ce-
remonies of this Sacrifice, proceeds thus :
" And Aaron mail lay both his Hands upon the Head of the
M Scape-Goat, and confefs over him all the Iniquities of the Chil-
" dren of Ifrael, and all their Tranfgrefiions in all their Sins,
M putting them upon the Head of the Goat, and mall fend him
" away by the Hand of a lit Man into the Wildernefs : And the
M Goat mail bear upon him all their Iniquities unto a Land not in-
" habited ; and he mall let go the Goat in the Wildernefs."
The Jews-, at the Period when this Ceremony was ordained,
were very little removed from a State of Barbarifm : Grofs in their
Conceptions, illiterate in their Education, and uncultivated in
their Manners; they were by no Means fit Subjects for the Com-
prehenfion of a Myftery ; and doubtlefs, at that Time, believed
that their Crimes were thus. really and bond fide laid upon the Head
of the Victim : Yet the more Wife, in fucceeding Ages, might
well ftart from fuch a Prejudice, and rightly conceive it to be a ty-
pical Reprefentation of the Doctrine of Abiolution.
E Hence
( xviii )
Hence it may be understood, that v/hat has been herein advan*
ced does not mean to fet afide the Improvements of Philofophy, or
to deny the occafional Employment of Allegory, but merely to efta-
blifhone plain Pofition, that Religion, in. general, at its Origin, is
believed literally as it is profened, and that it is afterwards rather
refined by the Learned than debafed by the Ignorant.
The Gentoo Ceremony, which was hinted at as bearing a remote
Likenefs to the Sacrifice of the Scape-Goat, is the Amummeed Jugg,
of which a rnofb abfurd and fabulous Explanation may be found in.
the Body of the Code : Yet, unnatural as the Account there ftands,
it is fcriouily credited by the Hindoos of all Denominations, except
perhaps a few Individuals, who, by the Variety and Contradictions
of their feveral allegorical Interpretations, have mutually precluded
each other from all Pretenfions to Infallibility.
That the Curious may form fome Idea of this Gentoo Sacrifice
when reduced to a Symbol, as well as from the fubfequent plain;
Account given of it in a Chapter of the Code, an Explanation of it
is here infer ted from Darul Shekuh's famous Perfian Tranflation of
ibme Commentaries upon the Four Beids, or original- Scriptures of
Hindoftan : The Work iticlf is extremely fcarce, and perhaps of
dubious Authenticity j and it was by mere Accident that this lit-
tle Specimen was. procured.
' i "Explanation.
•0 \
( xix )
Explanation of the Ajhummeed *Jugg*
H The Afhummeed Jugg does not merely confifr. in the Per-
* formance of that Ceremony which is open to the Infpection of
'< the World, namely, in bringing a Horfe and facrificing him ;
" but Afhummeed is to be taken in a myftic Signification, as im-
*< plying, that the Sacrifice!* muft look upon himfelf to be typified in
•• that Horfe, fuch as he mall be defcribed, becaufe the religious
" Duty of the Afhummeed Jugg comprehends all thofe other reli-
" gious Duties, to the Performance of which all the Wife and Ho-
" ly direct all their Actions, and by which all the fincere Profef-
" fors of every different Faith aim at Perfection : The myftic
u Signification thereof is as follows : The Plead of that unble-
" mifhed Horfe is the Symbol of the Morning ; his Eyes are the
" Sun 3 his Breath the Wind; his wide-opening Mouth is the
tl Bifhwaner, or that innate Warmth which invigorates all the
« World y his Body typifies one entire Year ; his Back Paradife;
" his Belly the Plains ; his Hoof this Earth ; his Sides the four
*■ Quarters of the Heavens ; the Bones thereof the intermediate
li Spaces between- the four Quarters ; the Red: of his Limbs repre-
Ki fent all diftinct Matter; the Places where thofe Limbs meet, or
l* his Joints, imply the Months and Halves of the Months, which
* are called Peche (or Fortnights ;) h*rs Feet flgnify Night and
" Day; and Night and Day are of four Kinds : Ml. The Night and
* Day ofBrihma j 2&. The- Night' "'and Day of Angels ; 3d, The
* Night and Day of the World of the Spirits of deceafed Ancef-
"•tors-;
( xx )
*■ tors; 4th. The Night and Day of Mortals : Thefe four Kinds are
M typified in his four Feet. The Reft of his Bones are the Conftel-
" lations of the fixed Stars, which are the twenty-eight Stages of the
" Moon's Courfe, called the Lunar Year; his Flefh is the Clouds;
*« his Food the Sand; his Tendons the Rivers; his Spleen and
" Liver the Mountains; the Hair of his Body the Vegetables, and
" his long Hair the Trees ; the Forepart of his Body typifies the
" firfl Half of the Day, and the hinder Part the latter Half; his
u Yawning is the FlafTi of the Lightning, and his turning himfelf
" is the Thunder of the Cloud; his Urine reprefents the Rain;
" and his mental Reflection is his only Speech. The golden Vef-
•• fels which are prepared before the Horfe is let loofe are the
" Light of the Day, and the Place where thofe VerTels are kept is
" a Type cf the Ocean of the Eaft ; the filver VerTels which are
*' prepared after the Horfe is let loofe are the Light of the
" Night, and the Place where thofe VefTels are kept is a Type of
" the Ocean of the Weft: Thefe two Sorts of VerTels are always
" before and after the Horfe. — The Arabian Horfe, which onAc-
*' count of his Swiftnefs is called Hy, is the Performer of the
" Journies of Angels ; the Tajee, which is of the Race of Perflan
M Horfes, is the Performer of the Journies of the Kundherps (or
•• good Spirits •) the Wiizba, which is of the Race of the deformed
V Tazee Horfes, is the Performer of the Journies of the Jins (or
44 Demons;) and the Afhoo, which is of the Race of Turkilh
*' Horfes, is the Performer of the Journies of Mankind : This one
4< Horfe, which performs thefe feveral Services, on Account of his
« four
( xxi )
Ci four different Sorts of Riders, obtains the four different Ap-
il pellations : The Place where this Horfe remains is the great
cc Ocean, which figniiies the great Spirit of Perm-Atma, or the
" univerfal Soul, which proceeds alfo from that Perm-Atma, and
M is comprehended in the fame Perm-Atma. The Intent of this
" Sacrifice is, that a Man mould confider himfelf to be in the
" Place of that Horfe, and look upon all thefe Articles as typified
" in himfelf; and, conceiving the Atma (or divine Soul) to be an
*' Ocean, mould let all Thought of Self be abforbed in. that Atma."
This is the very Acme and Enthufiafm of Allegory, and wonder-
fully difplays the picturefque Powers of Fancy in an Afiatic Genius.
But it would not have been inferted at Length in this Place, if
the Circumflance of letting loofe the Horfe had not feemed to bear
a great Refemblance to the Ceremonies of the Scape-Goat ; and
perhaps the known Intention of this latter may plead for the like
hidden Meaning in the former. But to quit this Digreflion. —
The real Appellations of the Country and of the Inhabitants of
Hindoftan, by which they are conftantly denominated in the an-
cient Writings of the Natives, feem hitherto to have efcaped the
Notice of the Weflern World.
Hindostan is a Perfian Word, equally unknown to the old and
modern Shanfcrit, compounded of Stan, a Region, and the Word
Hind, or Hindoo: Probably Colonel Dow's elegant Tranflation
of Ferifhteh's Hiflory gives us the true Derivation, in that Author's
F Conjecture,
( xxii )
Conjecture, that it is taken from Hind, a fuppcfed Son cf Ham*.
the Son of Noah ; and, whatever Antiquity the Indians may affert
for themfelves (of which fome Notice will fubfequently be taken)
the Perfians, we believe, will reft contented to allow, that the firft
Intercourfe between the two Nations commenced in the third Des-
cent from the Deluge. But, if this Definition were rejected, the
common Opinion, that India was fo named by Foreigners after the
River Indus, is by no Means repugnant to Probability : In the
Shanfcrit however, Hindoftan is conftantly denominated Bhertekhunt,
or Jumboodeep (as it is hereafter called in the prefent Work, from
Jumboo, or Jumbook, a Jackal!, an Animal remarkably abundant
in this Country, and Deep, any large Portion of Land furrounded
by the Sea.) Khunt fignifies a Continent, or wide Tract of Land, and
Bherrut is the Name of one of the firfl Indian Rajahs, whofe Name
was adopted for that of the Kingdom : Hindoo therefore is not the
Term by which the Inhabitants originally ftiled themfelves, but, ac-
cording to the Idiom of their Language, Jumboodeepee, or
Bhertekhuntee ; and it is only fince the /Era of the Tartar Govern-
ment that they have afTumed the Name of Hindoos, to diftinguifh
themfelves from their Conquerors, the MufTulmen. The Word Gen-
too has been, and is ftill, equally miftaken to fignify, in the proper
Senfe of the Term, the ProfefTors of the Braminical Religion,
whereas Gent, or Gentoo, means Animal in general, and in its more
confined Senfe, Mankind; but is never, in the Shanfcrit Dialect,
nor even in the modern Jargon of Bengal, appropriated particularly
to fuch as follow the Doctrines of Brihma. The four great Tribes
3 hav£
( xxiii J
have each their own feparate Appellation j but they have no com-
mon or collective Term that comprehends the whole Nation under
the Idea affixed by Europeans to the V/ord Gentoo. Poffibly the
Portuguefe on their firft Arrival in India, hearing the Word fre-
quently in the Mouths of the Natives as applied to Mankind in
general, might adopt it for the domeftic Appellation of the Indians
themfelves ; perhaps alfo their Bigotry might force from the Word
Gentoo a fanciful Alluhon to Gentile, a Pagan.
The Shanfcrit Language is very copious and nervous, but tljje
Style of the belt Authors wonderfully concife. It far exceeds the
Greek and Arabick in the Regularity of its Etymology, and like
them has a prodigious Number of Derivatives from each primary
Root. The grammatical Rules alfo are numerous and difficult,
though there are not many Anomalies. As one Inftance of the
Truth of this AiTertion, it may be obferved,. that there are feven
Declenfions of Nouns, all ufed in the fingular, the dual, and the
plural Number, and all of them differently formed, according as
they terminate with a Confonant, with a long or a fhort Vowel ;
?ind again different alfo as they are of different Genders : Not
a Nominative Cafe can be formed to any one of thefe Nouns, with-
out the Application of at leafl four Rules, which differ likewife with,
each particular Difference of the Nouns as above ftated : Add to
this, that every Word in the Language may be ufed through all
the feven Declenfions, and there needs no farther Proof of the
Difficulty of the Idiom.
The..
( xxiv )
[E Shanfcrit Grammars are called Beeaklrun, of which there
are many compofed by different Authors; fome too abftrufe even
for the Compreheniion of moil Bramins, and others too prolix to
be ever ufed but as References. One of the fliorteft, named the
Sarafootee, contains between two and three hundred Pages, and
was compiled by Anoobhootee Seroopenam Acharige, with a Con-
cifenefs that can fcarcely be parallelled in any other Language.
The Shanfcrit Alphabet contains fifty Letters, and it is one
Boaft of the Bramins that it exceeds all other Alphabets in this
Refpecl: : But when we confider that of their thirty-four Confo-
nants near Half carry combined Sounds, and that fix of their Vow-
els arc merely the correfpondent long Ones to as many which are
fhort, the Advantage feems to be little more than fanciful.
The Shanfcrit Character, ufed in Upper Hindoftan, is faid to
be the fame original Letter that was firft delivered to the People by
Brihma, and is now called Dievvnagur, or the Language of
Angels ; whereas the Character ufed by the Bramins of Bengal is
by no Means fo ancient, and though fomewhat different is evi-
dently a Corruption of the former, as will better appear upon
Comparifon, for which Reafon the Alphabets of both are here in-
ferted. -j-
\ See Platei No, i, and No. z.
To
y ( ; \y |.' | s; Plate I Trans/afyrs arrfact '■.-.■ XXIV
.SHANSCKIT .ALPHABET. ~'
uiiy
uw tl /r not a con-t'/, u> n/init/.i ramAtUC- m ////.> <• left*
coys O^TA^TS.
'/'"A
^M ^tf ^.,' ^£ S=f}^A
COYOTE C TED TOITI^LS.
^- ^Jt/7 %/ ^ ^/; ^
^^ «j/y *f^' ^M^" ft^ ^%^
ZMedert ivnW or A.,// /.<w , "t i. ,i//i,ji/., ,'>t.V»./.u/ en rivy *r)t//f cmtvtuuU Sf/ttvMemuoed ' *k& U to </,:;■ it iMr.imv tut itfon ./ c*xy*umt
-L'.-th-r ,.■ /rn„,;< ///■'//<■ ,;•'//« >/,-//<>// i'f /">' />•'/■ vfuutei) Mr/'/.'/ ,y"f/i,-:n /<>.<,:• (fat ,-/vit /'nrtt ,,
KE.XGAL ALPHABET , VOWELS. ***TL»m,i** rf>* & JCW
\3|7 ^ja $; ^ A; Jfc ^^ ^U
y/,; ^i/,v "tys ^$r ^„ ^^ ^fT VSJJ
,#
COKSOXAXTS .
ijv 5?/^ "^ >5^ •r« ^T'/'- 3* *j^ ^p*
$*.x* ^-6? * ^ijp- fc $p
/</u/r
COMECTEI) VOWELS.
(jS^; (^/, (jfj/vr fpjykw ^U/ ^
0/U
0
( XXV )
To rank ree and lee among the Vowels may perhaps be cenfured"
as unnatural j we can only fay, that being Liquids, they partake
in fome fmall Meafure of the Vowel, and that to an European Ear
it feems equally extraordinary to find the Periian and Arabic £ ain to
be a Confonant. It will alfo be obferved in the preceding Alpha-
bets, that the Vowels have different Forms when combined with
Confonants from thofe they bear when unconnected.
In the Four Beids (the original and lacred Text of the great Hin-
doo Creator and Legiflator Brihma) the Length of the Vowels is
determined and pointed out by a mulical Note or Sign, called Ma-
tying ( implying one whole Tone ) which is placed over every
Word ; and in reading the Beids thefe Dirtinclions of Tone and
Time muft be nicely obferved; the Account of this Modulation as
given in theShanfcrit Grammar, called Sarafootee, is here tranflated.
" The Vowels are of three Sorts, fhort, long, and continued (cr
to ufe a more mufical Term, holding.) " The Chain (a fmall Bird
*' peculiar to Hindoflan) utters one Matrang, the Crow two Ma-
" trangs, and the Peacock three Matrangs ; the Moufe Half a Ma-
" trang. One Matrang is the fhort Vowel, two Matrangs the long
" Vowel, and three Matrangs the continued : A Confonant with-
'* out a Vowel has the Half Matrang. Thefe Vowels are again to be
** diftinguifhed by a high Note for the one Matrang, a low Note for
" the two Matrangs, and an Intermediate or Tenor fcr the three
" Matrangs, either with Nafals or Gutturals, ee, el, 5, oii, are Dip-
G " thongs>
( xxvi )
" thongs, and cannot' be fhort •> but thefe four, together with the
r< other five, e, ee, oo, ree, lee, are to be taken as Vowels."
It has been mentioned that thefe Diftinctions are all marked in
the Beids, and mult be modulated accordingly, fo that they pro-
duce all the Effect of a laboured Recitative ; but by an Attention
to the Mufic of the Chant, the Senfe of the Paffage recited equally
efcapes the Reader and the Audience. It is remarkable, that the
Jews in their Synagogues chant the Pentateuch in the fame Kind
of Melody, and it is fuppofed that this Ufage has defcended to
them from the remoteft Ages.
To give fome faint Idea of thefe arbitrary Notes, a Line is here
inferted with the feveral Matrangs. -f
tie moondee Kreele bederoo bederoo bederoo.
The laft Syllable of the Word bederoo with three Matrangs is
held for near a Minute, gradually linking, and then fuelling cut
with a ftefh Rinforza to mark each Matrang.
The Shanfcrit Poetry comprehends a very great Variety of dif-
ferent Metres, of which the moil common are thefe :
The Munnee hurreneh Chhund, or Line of twelve or nineteen
h is fcanned by three Syllables in a Foot, and the
i Foot is the AnapslL
iur. I, or Line of eleven Syllables.
■\ Sec Plate No j. Line i.
The
Hate WTrartsh/erj- ///firs /y.w,- XVI 7
ASHLO G V E .
PAGE .xxvm
v;
\SHL O GTTE.
PAGE. XXIX
( xxvii )
The Anufhtofe Chhund, or Line of eight Syllables.
The Poems are generally compofed in Stanzas of four Lines,
called Afhlogues, which are regular or irregular.
The moft common Afhlogue is that of the Anufhtofe Chhund,
or regular Stanza of eight Syllables in each Line. In this Mea-
fure greater!: Part of the Mahabaret is compofed. The Rhyme in this
Kind of Stanza mould be alternate ; but the Poets do not feem to
be very nice in the Obfervance of a flricr. Correfpondence in the
Sounds of the terminating Syllables, provided the Feet of the
Verie are accurately kept.
This fhort Anufhtofe Afhlogue is generally written by two
Verfes in one Line, with a Paufe between, fo that the whole then
affumes the Form of a long Diftich.
The irregular Stanza is conftantly called Aryachhund, of what-
ever Kind of Irregularity it may happen to coniifl. It is moil com-
monly compounded of the long Line Cabee Chhund, and the fliort
Anufhtofe Chhund alternately -, in. which Form it bears fome Refem-
blance to the mofl common Lyrick Meafure of the Eng.lifh.
It will in this Place be pardonable to quote a few Stanzas of
ohanferit Poetry, as Examples of the fhort Account here given of its
3 Profody.
( xx.viii )
Profody. The Specimens give us no defpicable Idea of the old
Hindoo Bards. The Images are in general lively andpleafing, the
Diction eleeant and concife, and the Metre not inharmonious.
An Afilogue Aniiflrtofe Chhundy or regular , of eight Sylla-
bles in each Line*
Peeta che reenewan ilietrooh
Mata flietroo remeeleenee
Bharya. roopewetee metro5h
Pootreh flietroo repundeeteh.
A Father in Debt is an Enemy (to his Son.)
A Mother of fcandalous Behaviour is an Enemy (to her Son.)
A Wife of a beautiful Figure is an Enemy (to her Hufband.)
A Son of no Learning is an Enemy (to his Parents.)
These Verfes are regular dimeter Iambicks.
An AJhlogue Munnee hurreneh Chhundy or of nineteen Syllables. X
Ootkhatum needhee fhungkeya khyeetee telum dhonata geereer
dhatewo
eelteerne isereetam peteer nreepeteyor yetaene iungtomeetah
Muntr' aradhene tetperaene menefa nceta fhmelhanae neeihah
Prapta kapee werateeka neche meya treefhnae fekama bhewe.
* See Plate No. 3. % Ibid.
From
( xxix )
From the infatiable Defire of Riches, I have digged beneath the
Earth ; I have fought by Chymiftry to tranfmute the Metals of
the Mountains.
I have traverfed the Queen of the Oceans ; I have toiled inceftant
for the Gratification of Monarchs.
I have renounced the World, to give up my whole Heart to the Stu-
dy of Incantations ; I have pafTed whole Nights on the Places
where the Dead are burnt.
I have not gained one Cowry. — Begone, O Avarice, thy Bufinefs
is over.
*
An AJhlogue Munnee hurreneh Chhimd^ or of twelve Syllables.
Shefheena che neefha neeiheyache fhefhee
Shefheena neefheya cheweebhatee nebheh
eyeia kemelum kemel.iene peyen
reyela kemelaene weeonatee leren.
The Nicrht is for the Moon, and the Moon is for the Ni^ht :
When the Moon and the Night are together, it is the Glory
of the Heavens.
The Lotus, or Water-Lilly, is for the Stream, and the Stream is
for the Water-Lilly :
When the Stream and the Water-Lilly meet, it is the Glory of the
Canal.
* See Plate No. 3.
H This
( XXX )
This Species of Compolition is called Koondelee Chhund, from
Koondelee, a Circle, and aniwers nearly to the Word Rondeau^
which Sort of Verie it exactly imitates.
Almost every Foot in this beautiful Stanza is a pure Anapaeft.
Three /Ifologues Aryachhund^ or irregular , from a Collec-
tion of Poems.
%
i.
w ■ w — \j » w w
Swejeno neyatee wirum
ereneete booddneer weenalne kalaepee
Chhaedaepee chundene teroo
Sw w w t 1 w WWW WWII 1 *"* ^ , t — w /* w
oorebheyetee mookhum koot, harefye.
A good Man goes not upon Enmity,
But is well inclined towards another, even while he is ill-treated
by him :
So, even while the Sandal-Tree is felling,
It imparts to the Edge of the Axe its aromatic Flavour.
2.
edyepee ne bhewetee hanee
Perekeeyam cheretee rafebhee drakhyam
Efemunjefe meetee metwa
Tethapee kheloo khadyetae chendreh.
* See Plate No. 4.
So
Hate II' 7'ran /,-,■;., ,<,- ■>.'■■ ,Wr/ \\\ .,„,/ X \\i
THKEE ASHLOGUE5.
( xxxi )
So long as there is no Danger,
The Afs will eat a Stranger's Vine ;
So, not confcious of receiving any Hurt,
The Dragon * flill attempts to devour the Moon.
* Alluding to the Gentoos Idets of an Eclipfe.
*#* This Stanza has been quoted in a former Publication as a
Specimen of the Reig Beid.
3-
«
Sejjenufye hreedeyum neweneetum
Yedweduntee weeboodha ftedeleekum
.bnyedaene weelelet pereetapat
Sejjeno drewetee no neweneetum.
The good Man's Heart is like Butter,
The Poets fay, but herein they are miftaken :
Upon beholding anothers Life expofed to Calamities*
The good Man melts ; — J but it is not fo with Butter.
% That is, the Simile is not juft, becaufe it does not exprefs the Powers of Sympathy,,
which are the characterise Part of the good Man's Difpolition.
The Four Beids are not in Verfe, as has been hitherto erroneoufly
imagined, but in a Kind of meafured Profe, called Pungtee
Chhund : The Tranflator is therefore obliged to obferve, that an
Author of much Merit has, by wrong Information, been induced
to
( xxxii )
to offer four Stanzas as Specimens of the feveral Beids, which
have not the leaf* Affinity or Similitude to thofe Books : His firft
mza is very faulty, and without an Interpretation ; But, as a Proof
that it cannot belong to the Beids, it has already been quoted in
the Specimen of the Afhlogue Aryachhund, together with the Stan-
zas immediately preceding and following, which are taken from a
Work called Kayaprekafh (or a Collection of Poems) faid to
have been compoied by one Kiyat, in the third Age of the World.
From the many obfolete Terms ufed in the Beids, from the
Concifenefs and Obfcurity of their Dialed;, and from the Particu-
larity of the Modulation in which they muft be recited, they are
now hardly intelligible : Very few of the mod learned Pundits, and
thofe only who have employed many Years of painful Study upon
this one Tafk, pretend to have the fmalleft Knowledge of the Ori-
ginals, which are now alfo become extremely fcarce and difficult
to be found ; but Comments have been written on them from the
earlieft Periods ; whereof one of the raoft ancient and moft ortho-
dox was compofed by Bifefht Mahamoonee, or the moft Wife, a
great Writer and Prophet, who is faid to have lived in the Suttee
Jogue, or firft Age of the World, and from whom Beafs, the cele-
brated Author of the heroic Poem Mahabaret, boafted his Defcent.
The Style of this Writer is clear, but very concifej a Specimen
of it is here offered, in his Explanation of the firft Chapter of the
Reig Beid, which contains a Defcription of the Wifdom and Powers
of the Almighty.
3 Bifffkt
Elate V Tran ■ ■• />v---' - '■ XXXIII .•/,■</ XXXIV.
CHAPTER OF BISK SHT MAH AMONE 11 .
csrcrii fi}\^ro% %ww wwfir ^
Plate \T TNmtUA vs ftrface/uyeJUL&lU. and XXXI f 7
CHAPTER OF BISESHT CCXSTTIKHCTED .
w^^^i# Mm*
( xxxiii )
Blfefht Mahamoonee upon the Reig Beid. *
bhree Genaeihaye nemeli! iemelte weeiheye waiena veeneermo
teh fe Peremehumie. Kaewelum neerweemae me Brehme chin t .
matraewe teeihtetee Te Peremehumfeh. Yetre kootre cheetteefh-
tetee, tetr', adou Reegbaedufye Pregyanefhcbdufyc vyakhyanum
kreeyetae. aekemaew' adweeteeyum Brehmaetee feeddhangteh:
Pregyanum fwctefhchltenyum tedweemaefhah enacke prekarah ;
tenmedhyae yet, hawlbbooddhy' anoofaraene vyakhyanuni kreeyc.
Prekrefhtum ootkrefhtum gyanum Pregyanum: oopadhee reheetum
fwetefhchltenyum. Kale treye reheetum; eweft, ha treye reheetum ;
prepunche veeneermoqkturri fwetuntruin gyanum tet pregyanum
name dhaeyum Brehme bhewetee. Yeggyanaene too maya chitenyum
bhewetee, yeggyanaene chetoorving ihetee tetwum chlteryum bhe-
wetee, keemeewe ; iooryes cheknyoo reewe, egnee patre meewe,
choom beke lohe meewe, footredhare cheetre meewe, kalht' agnec
reewe, pooroolne chhayaewe wate raenoo reewe, dnenoorddhere bane
eewe, breekye chhayaewe ; emoona prekaraene chitenyum femefte
jeget prepunch' otpadekum kerotee, gyanemektee, eechhafhektee,
kreeyafliektee, chitenyum jegetakarum bhewetee : ete aewe neer-
getangteh kerenaene fhrotre ddharaene mebde grehenum kerotee,
neergetangteh kerenaene tweeha dwaraene fperfhe grehenum kero-
tee, neergetangteh kerenaene chekhyoo dwaraene roope grehenum
kerotee, neergetangteh kerenaene jeehwa dwaraene refe grehenum
kerotee, neergetangteh kerenaene nafeeka dwaraene gangdhe
• See Plates No. 5 and No. 6.
I grehenum
( xxxiv )
grehenum kerotee i ete aewe punche kermingdreeye praerekeh,
punche oyamndreeye praerekeh, punche mehabhoote praerekeh,
punche tenmatranee praerekeh, goone treye praerekeh eetyadee
femefte prepunch' otpetteeh preleyatmekum kerotee, jegetfa-
khyeetwaene pefhyetee. Tet pregyanum name Brehme dhyacyum
bhewetee, tefmat pregyane fhebdaene ted Brehme weeihaemaene
fenvaemereh ket, hyetae; tebre f65tredhar' eefhereh mayaweedhya
netee nreetyum kerotee ke-eewe nete-eewe, eetee reegwaeauiye
pregyane lliebdeneerneyeh.
Commentary of Bifejht Mahamoonee upon the i ft Chapter of
the Reig Beid.
j~ f~~^ LORY be to Goneifh. ! That which is exempt from all De-
^-^ fires of the Senfes, the fame is the mighty Lord. He is fin-
gle, and than him there is Nothing greater. Brehm (the Spirit of
God) is abforbed in Self-Contemplation : The fame is the mighty
Lord, who is prefent in every Part of Space, whofe Omnifcience,
as exprelled in the Reig Beid, I mall now explain. — Brehm is one,
and to him there is no Second ; fuch is truly Brehm. His Omni-
fcience is felf-infpired (or felf-intelligent) and its Comprehenfion
includes every poffible Species. — To illuftrate this as far as I am
able. — The mofl comprehenlive of all comprehenfive Faculties is
t An Invocation never omitted by a pious Gentoo upon the Commencement of
any Bufinefs whatsoever.
Omni-
( XXXV )
Omnifcience; and being felf-infpired, it is fubjcct to no * Acci-
dent of Mortality or PafTion ; of Vice -J- ; to it the J three Diftinc-
tions of Time are not ; to it the three § Modes of Being are not ;
it is feparated from the Univerfe, and independent of all. This
Omnifcience is named Brehm. By this Omnifcient Spirit, the
Operations of God are enlivened ; by this Spirit alfo, the || twenty-
four Powers of Nature are animated. How is this ? As the Eye by
the Sun, as the Pot by the Fire, as Iron by the Magnet, as Variety
of Imitations by the Mimic, as Fire by the Fuel, as the Shadow by
the Man, as Duft by the Wind, as the Arrow by the Spring of the
Bow, and as the Shade by the Tree ; fo by this Spirit the World
* Of which they reckon five, Conception, Birth, Growth, Decay and Death
f In Number fix, called Opadhee, viz. Luft, Anger, Avarice, Folly, Drunken-
nefs and Pride.
X The paft, prefent and future.
§ To be awake, to fleep and to be abforbed in a State of Unconfcioufnefs — a Kind
of Trance.
| Viz. The five Elements (for the Hindoos add to the four a fubtile ./Ether, which
they call Akafh, and fuppofe to be the Medium of Sound)
The five Members of A&ion, Hand, Foot, Tongue, Anus and Yard.
The five Members of Perception, Ear, Eye, Nofe, Mouth and Skin.
The five Senfes.
The three Difpofitions of the Mind, Defirc, Paffion and Tranquillity.
Confcioufnefs, or Self-Perception.
-r-
( xxxvi )
is endued with the Powers of Intellect, the Powers of the Will,
and the Powers of Action ; fo that, if it emanates from the Heart
by the Channel of the Ear, it caufes the Perception of Sounds ; if
it emanates from the Heart by the Channel of the Skin, it caufes
the Perception of the Touch ; if it emanates from the Heart by the
Channel of the Eye, it caufes the Perception of viiible Objects y if
it emanates from the Heart by the Channel of the Tongue, it caufes
the Perception of Tafte; if it emanates from the Heart by the
Channel of the Nofe, it caufes the Perception of Smell. This alfo
invigorating the five Members of Action, and invigorating the five
Members of Perception, and invigorating the five Elements, and
invigorating the five Senfes, and invigorating the three Difpoiitions
of the Mind, &c. caufes the Creation or the Annihilation of the
Univerfe -, while itfelf beholds every Thing as an indifferent Spec-
tator. Wherefore that Omnifcience thus centered in Brehm is cal-
led Serwae flier (or the Lord of all ;) and this Lord, as a Player
doth, is perpetually (hifting his Modes of Operation, by a Variety
of Gradations, as the Dancer fhifts his Steps. — Thus far the Doc-
trine of the Reig Beid.
The Tranflator is confeious, that this mort Account of the Shan-
fcrit is very defective and infufficient ; but he muft plead in his owa
Defence, that very lately only, and that altogether by Accident, he
was enabled to procure even this flender Information ; that the
Pundits who compiled the Code were to a Man refolute in reject-
ing all his Solicitations for Inftru&ion in this Dialect, and that the
3 Perfuafion
( xxxvii )
Perfuafion and Influence of the Governor-General were in vain
exerted to the fame Purpofe. However, iince the Completion of
his former Tail-:, he lias been happy enough to become acquaint
with a Bramin of more liberal Sentiments, and of a more com-
municative Difpofition, joined to an exteniivc Knowledge acquired
both by Study and Travel : He eagerly embraced the Opportunity
of profiting by the Help of fo able a Mafter, and means to exert all
his Diligence upon fo curious and uncommon a Subject.
The Hindoos as well as the Chinefe have ever laid claim to an
Antiquity infinitely more remote than is authorized by the Belief of
the reft of Mankind. It is certain however, that theie two Na-
tions have been acquainted with Letters from the very earlieft I
riod, and that their Annals have never been diflurbed or dclln
by any known Revolution ; and though we may come to the Peru&l
of their Records, armed with every Argument, and fortified e
to Prejudice againft the Admiiiion of their Preteniions, at th<
Time placing the nioft implicit Reliance upon the Mofaic Chrono-
logy as generally received, yet their plaufible Accounts of thofe re-
mote Ages, and their undeviating Confidence in their own Ailerti-
ons, never can fail to make fome Imprcilion upon us, in propor-
tion as we gain a clearer lnfight to them. Sufpicions of a like Na-
ture are not totally without Foundation even in the Weftern World ;
and the confeientious Scruples of the Historiographer of Mount
/Etna (as mentioned in a late * Publication) ys be of fome
Weight in the Scale of Philofophy.
* Brydone's 1
K The
( xxxviii )
The Hindoos then reckon the Duration of the World by four
Jogues, or diitinct Ages.
1. The Suttee Jogue (or Age of Purity) is faid to have lafted
^,200,000 Years; and they hold that the Life of Man was in
that Age extended to 100,000 Years, and that his Stature was
21 Cubits.
2. The Tirtah Jogue (or Age in which one third of Mankind
were reprobate) they fuppofe to have confifted of 2,400,000 Years,
and that Men then lived to the Age of 10,000 Years.
3. The Dwapaar Jogue (in which Half of the human Race became
depraved) endured 1,600,000 Years, and Mens Lives were reduced
to 1000 Years.
4. The Collee Jogue (in which all Mankind are corrupted, or
rather lefTened, for that is the true Meaning of Collee) is the pre-
fent /Era, which they fuppofe ordained to fubfifl for 400,000
Years, of which near 5000 are already paft, and Man's Life in
this Period is limited to 100 Years.
Computation is lofl, and Conjecture overwhelmed in the At-
tempt to adjuffc fuch afton idling Spaces of Time to our own
confined Notions of the World's Epoch : To fuch Antiquity the
3 Mofaic
( xxxix )
Mofaic Creation is but as Yetterday ; and to fuch Aces the L
Methufelah is no more than a Span ! — Abfurd as this G^ntco Doctrine
may feem, mere human Reafon, upon Confideration of the prefent
contracted Meafure of Mortality, can no more reconcile to itfelf the
Idea of Patriarchal than of Braminical Longevity ; and when the Line
of implicit Faith is once extended, we can never afcertain the pre-
cife Limits beyond which it mud: not pafs. One Circumttance mull
not be omitted, that the Ages allotted to Mankind in the feveral
Jogues by the Bramins tally very exactly with thofe mentioned by
Mofes, as far as the Chronology of the latter reaches. For the laft
Part of the Dwapaar Jogue, in which Men are faid to have attained
to One Thoufand Years of Life, correfponds with the Mofaic iEra
of the Antediluvians : And in the Commencement of the Collee
Jogue, which comes very near to the Period of the Deluge, the Por-
tion of human Exittence was contracted to One Hundred Years, and
is feldom fuppofed even to go fo far.
We are not much advanced in our Inquiries, by allowing with
fome excellent Authors, that mod of the Gentoo Shatters (or Scrip]
tures) were compofed about the Beginning of the Collee Jogue ; for
then we at once come to the immediate iEra of the Flood, which
Calamity is never once mentioned in thofe Shatters, and which yet
we mutt: think infinitely too remarkable to have been even but
{lightly fpoken of, much lefs to have been totally omitted, had it
even been known in that Part of the World. The Bramins indeed
remove this Objection by two Affertions ; One, that all their Scrip-
tui
( xl )
turcs were written before the Time by us allotted to Noah; the
Other, that the Deluge really never took place in Hindoftan.
But to wave thefe vague and indefinite Difquifitions, it will not
here be fuperfiuous to quote a PafTage or two from fome of the moft
clafhcal and authentic Shatters, which exprefsly determine and fix
Dates of their refpective /Eras to the earlieft Jogues.
The firft. Specimen here inferted is from the Book of Munnoo,
which the Reader will obferve ftands foremoft in the Lift of thofe
which furnimed the iubfequent Code ; and though the fecond Quo-
tation is not Co authoritative, as being the Production of a later Au-
thor (whole Name we do not recollect) in Teftimony of the Date
of another, yet J age-Bulk is mentioned among the rirlT tors,
and his Books are valued for their Aat'quit] as their Excel-
lence.
An Afhlogue Murinee hurreneh Chhundi or cf Nineteen
Syllables^ from Munnoo. f
Ebdanam defhekum fehefre defhekum. yatum che fetyae yc
Bhadrae mafee kreetameyahee menoona brehmagyeya r
;rum neetee weechare dherme jenekum gyanepredum ferweda
heetekamgeya menoopreja nama fmreeteer deepeeka.
•f See Plate No. ;,
When
Plate VII Tra/is/ators preface page XL.
A KS H LOGU E S .
( xli )
When ten thoufand and ten Years of the Suttee Jogue were pad,
on the Night of the Full Moon, in the Month I in, I Munnoo,
at the Command of Brehma, finished this Shafter, that fpeaks of
Mens Duty, of Juftice, and of Religion, ever inftru&ive.
This Treatife, called Munnoo Smiftee, will enlighten the W • Id
like a Torch.
Two Afldogues Anufotofe Chhwid, or of eight Syllables ', upon
J f age-Bulk, f
Traetayam yagyewelkaene Vyetee tae nevve punchekae
Shrawenae mafee fhooklae chee Punchemyam boodhewa
Yagyewelky' abheedum fhaftrum Dherme nectee prekafhekum
Rajeneetee preedum chlwe. Neranam heetekamyeya.
In the Tirtah Jogue, the Author Jage-Balk, when ninety -five Years
were paft, in the Month of Sawun, on the Moon's Increafe, on the
Wednefday (or literally on the Dav of *Mercury) finished the Treatife,
f See Plate No. 7.
* It is very remarkable, that the Days of the Week are named in the Shanfcrit Lan-
guage from the fame Planets to which they were affigned by the Greeks and Romano.
Audeetye War } c ,. t>.. Audeetye ) , c
— {„. >aoIis Dies. r>-\ — ; > the Sun.
Re'oee War J Rebee J
Some War Luna Dies. Some the Moon.
Mungel War Martis Dies. Mungele Mars.
Boodhe War Mercurii Dies. Bood Mercui
Breehefpet War Jovis Dies. Jupiter.
Shookr.e War Veneris Dies. Shookre V\nus.
Shenlfcher War Saturn i Dies. Shenxfcher Saturn.
L called
( xlii )
called Jage-Bulk, which fets forth the Offices of Religion, and alfo
informs Men of the Duties of the Magiftrate.
What Periods (hall we poffibly affign to thefe Writers, if we dif-
allow the Authorities here quoted ? If they are falfe, there mult have
been a Time when the Impofition would have been too palpable to
have palled upon Mankind, and when the concurrent Teftimony of
the whole World would have rifen up in Judgment againft it; for if
we grant Munnoo's Works to have been published during his own
Life-Time, it is impofilble that he mould have ventured to utter fo
monilrous a Forgery j and if they were concealed till after his Death,
could the Memory of his late Exiflence be (o fliortly obliterated
through the whole Country ? — But fuppofing fo much of the Book as
relates to the Date to have been folded in by another, and after-
wards produced as a Part of the original Text, which till that Time
had lain undifcovered, Nobody furely would have believed him in.
Oppofition to the univerfal Faith ! for fo miraculous a Fiction could
never gain Credit but upon the Support of fome Principle of religious
Opinion, and every Religion has eftablifhed a Chronology of its own :
Beiides, can it be pofiible, that none of Munnoo's Cotemporaries,
none of the fucceeding Writers mould have recorded fo finking a
Circumltance ? for if the whole Indian World had till that Time be-
lieved with us in a Chronology nearly anfwering to that of Mofes, fo
aftonifhing a Change in their Sentiments upon the Introduction of
the Doctrine of the Jogues would have furniflied ample Matter for
a thoufand Volumes -, but on the contrary, all the Parts of every
3 Shatter
( ' xliii )
Shafter (however different from each other on religious Subjects) are
yet uniform and confident throughout upon this; the fame Mode of
computing their Annals has always obtained, and the fame Belief of
the Remotenefs of Antiquity that now prevails may be proved to
have been univerfally acknowledged, even at the Time in which fome
pretend to fix the firfr. Appearance of Letters in Hindoflan.
Rajah Prichutt, who thoughranked as a modern on the Records
of India, is yet known to have lived in the earliefb Ages of the Collee
Jogue, was no lefs anxious than modern Philofophers are to pierce
through the Obfcurity of Time, and to trace the Progrefs of the
World from its Infancy ; at his Inftigation a Work was compofed by
ShukehDiew, a learned Bramin (Son of Beafs, the famous Author of
the Mahabaret) containing the Hiflory of India through the three pie-
ceding Jogues, with the Succeffion of the ieveral Rajahs, and the
Duration of their Reigns. This curious Hiftory, called Shree Bhag-
but, ftill fubiifts, divided into twelve Afcund or Books (literally
Branches) and three thoufand and twenty Chapters. What mall
we fay to a Work compofed four thoufand Years ago, and from
thence tracing Mankind upwards through feveral millions of Years ?
Muil we anfwer, that the Earth was at that Time an uninhabited.
Marfrij ftill flowly emerging from an univerfal Inundation ?
Great furely and inexplicable muft, be the Doubts of mere hu-
man Reafon upon fuch a Dilemma when unafiifled and uninforrr
by Divine Revelation; but while we admit the former in our Argu-
m
( xliv )
rrent, we prcfefs a mod unfhaken Reliance upon the latter, before
which every Sufpicion muft fubfide, and Sceptlcifm be abforbed in
Conviction : Yet from the Premifes already eftabliQied, this Conclu-
iion at leaft may fairly be deduced, that the World does not now con-
tain Annals of more indifputable Antiquity than thofe delivered
down by the ancient Bramins.
Collateral Proofs of this Antiquity may be drawn from every
Page of the prefent Code of Laws, in its wonderful Correspondence
with many Parts of the Inftitutes of Mofes, one of the fir ft of known
Legiflatorsj from whom we cannot poffibly find Grounds to fuppofe
the Hindoos received the fmalleft Article of their Religion or Juris-
prudence, though it is not utterly impofiible, that the Doctrines of
Hindoflan'might have been early transplanted into Egypt, and thus
have become familiar to Mofes.
The Gentoos have in all Ages believed in the Transmigration of
Souls, which they denominate Kayaprewaefh and Kayapelut : This
latter literally anfwers to the Word MetempSychofis. — An ancient
Shafter, called the Geeta, written by Adhae Doom, has a beautiful
Stanza upon this Syftem of the Transmigration, which he com-
pares to a Change oS DreSs,
An
PI <i t e V j 1 1 Translators /irfluv/i< /,/< ■ xi,
A S H Ti OGUE .
( xlv )
An AJhlogue Cabee Chhundy or of eleven Syllables in each
Line, *
On the Iran/migration of Souls.
aiamiee jeernanee yet, ha weehaye
Newanee grehnatee nero peranee,
Tet, ha ihereeranee weehaye jeernan
Enyanee fumyatee newanee daehee.
As throwing afide his old Habits,
A Man puts on others that are new,
So, our Lives quitting the Old,
Go to other newer Animals.
•f* An ingenious Author of our own has well explained their
Ideas upon the Subject of a future State, though he laments at the
fame Time, that his Materials were too imperfect to afford com-
plete Information.
Their Creed then is, that thofe Souls which have attained to a
certain Degree of Purity, either by the Innocence of their Man-
ners, or the Severity of their Mortifications, are removed to Regions
of Happinefs, proportioned to their refpective Merits : But that
thofe who cannot fo far furmount the Prevalence of bad Example,
* See Plate No. 8. f Mr, Holwel!,
M
( zlyi )
and the forcible Degeneracy of the Times, as to deferve fuch a Pro-
tion, are condemned to undergo continual Punifliment in the
Animation of fucceflive animal Forms, until at the ftated Period
another Renovation of the four Jogues mail commence upon the
DilTolution of the prefent.
They fuppofe that there are fourteen Bhoobuns or Spheres, fe-
ven below and fix above the Earth -y the feven inferior Worlds are
faid to be altogether inhabited by an infinite Variety of Serpents, de-
fcribed in every monftrous Figure that the Imagination can fuggeft;
hence the Reafon why fuch particular Mention is made of Serpents
in the Account of the Creation prefixed to this Code. The Earth
is called Bhoor, and Mankind who inhabit it Bhoor-logue ; an In-
ftance of which may be feen in the Stanza quoted from Munnoo :
The Spheres gradually afcending from thence are,
i ft. Bobur, whofe Inhabitants are called the Bobur-logue.
2d. The Swergeh-logue. 3d. The Mahurr-logue. 4th. The Jun-
neh-logue. 5th. The Tuppeh-logue. 6th. The Suttee-logue.
The Bobur is the immediate Vault of the vinble Heavens, in
which the Sun, Moon, and Stars are placed. The Swergeh is the
firfl Paradife and general Receptacle for thofe who merit a Removal
from the lower Earth. The Mahurr-logue are the Fakeers, and
fuch Perfbns as by Dint of Prayer have acquired an extraordinary
Degree of Sanctity. The Junneh-logue are alfo the Souls of pious
3 and
( xlvii )
and moral Men ; and beyond this Sphere they are not fuppofed to
pafs without fome uncommon Merits and Qualification The
Sphere of Tuppeh is the Reward of thofe who have all theii Lives
performed fome wonderful Act of Penance and Mortification, or who
have died Martyrs for their Religion. The Suttee or higheft: Sphcie
is the Reiidence of Brihma and his particular Favourites, whence
they are alfo called Brihma-logue : This is the Place of Dellination
for thofe Men who have never uttered a Falfehood during their
whole Lives, and for thofe Women who have voluntarily burned
themfelves with their Hufoands. How fhall we reconcile fo
fplendid and exalted a Benediction pronounced upon this fponta-
neous Martyrdom, with the ArTertion of an Author, that the Cuf-
tom for the Wives to burn themfelves with their Hufbands Bodies
was never reckoned a religious Duty in India ? This Circumftance
will again prefent itfelf in the Remarks on the Chapter of Women.
But it is now Time to draw this Eft-ay to warns a Conclufion,
by confining ourfelves to the more immediate Explanation of fuch
Parts of the Code as may not feem entirely confiftent with European
Opinions, or European Juftice.
The Work opens with a fhort Preliminary Difcourfe, written by
the Bramins themfelves, as well to fet forth the Motives and Ufes
of the Compilation, as to gratify the honeft. Vanity of every feniible
Mind, in giving fome Account of itfelf and of its Labours. No-
thing can be more remote from a fuperflitious Adherence to their
own
( xlviii )
own domeftic Prejudices, or more truly elevated above the mean
and felfifh Principles of Prieftcraft, than the genuine Dignity of
Sentiment that breathes through this little Performance. Few
Chriftians, with all the Advantages of enlightened Understandings,
would have exprerTed themfelves with a more becoming Reverence
for the grand and impartial Defigns of Providence in all its Works,
or with a more extenfive Charity towards all their fellow Creatures
of every Profemon. It is indeed an Article of Faith among the
Bramins, that God's all merciful Power would not have permitted
fuch a Number of different Religions, if he had not found a Plea-
fure in beholding their Varieties.
The nrft Section of the Preface contains an Account of the. Cre-
ation, literally as the Gentoos believe it to have been performed :
The four great and original Tribes are there faid to have proceeded
from the four different Members of Brihma, the fuppofed immedi-
ate Agent of the Creation under the Spirit of the Almighty. The
Hindoos do not fuppofe that thefe feveral Parts of the Creator, af-
figned for their Production, are a fymbolical Token or Defcription
of the refpective Duties of their Stations; but that the feveral Quali-
fications of each Cart, and the enjoined Exercife of thofe Quali-
fications, are the natural and unavoidable Refult of the prefiding
Function in each of the Members of their firft Parent.
The
( xlix )
The Bramin from the Mouth — (Wifdom)
to pray, to read, to inftrucl.
The Chehteree from the Arms — (Stuength)
to draw the Bow, to fight, to govern.
The Bice from the Belly or Thighs — (Nourifliment)
to provide the Neceflaries of Life by Agriculture and Traffic.
The Sooder from the Feet— (Subjection)
to labour, to ferve, to travel.
These four great Tribes comprehend the firfl grand Diviilons
of a well-regulated State. The Mechanic, or petty Dealer, as a
Branch of lefs Importance, and adminiftering rather to the Luxu-
ries than to the Neceflities of Life, is furnifhed from a fifth adven-
titiousTribe, called BurrunSunker, which is again 1 ubdivided into
almoft as many feparate Calls as there are Trades or Occupations to
be exercifed by its Members. The fame Principle of Government,
though under a different Modification, is laid to prevail in China,
where every Man is enjoined by Law to follow the Bufinefs of his
Father, and forbidden to thrall himfeJf into any other Profeflion.
But while we commend the Policy of the ancient Hindoos, we
muft lament their molt deplorable Ignorance in fome of the practical
N Sciences,
( 1 )
Sciences, particularly Geography, to which they muft give up all
Pretentions after their extravagant Defcription of the feven Deeps,
which they fuppofe to be fo many Continents feparated from each
other by an almon: infinite Ocean, but yet all belonging to the.
fame World which themfelves inhabit.
The other Divifion of the Preface contains the requifite Quali-
fications for a Magiftrate and the Duties of his Station ; moft of
the Rules there laid down are very pertinent, and difplay an accu-
rate Knowledge of the human Heart. — But as the neceflary Limits
of an EfTay like this do not give Room or Opportunity for e- ge-
neral and difFufive Criticifm, it is here intended only to fpeak of
fuch particular Parts and Pafiages of the Work as contain fome-
thing peculiar, local, or characteriftic
Among the Qualities required for the proper Execution of pub-
lick Bufinefs, Mention is made, " That a Man muft. be able to keep
** in Subjection his Lufl, his Anger, his Avarice, his Folly, and
" his Pride." Thefe Vices are fometimes denominated in the.
Shanfcrit under the general Term Opadhee, a Word which occurs
in the quoted Specimen of the Comment upon the Reig Beid. The
Folly there fpecified is not to be underftood in the ufual Senfe of
the Word in an European Idiom, as a negative Quality, or the
mere Want of Senfe, but as a Kind of obftinately ftupid Lethargy »
or perverfe Abfence of Mind, in which the Will is not altogether
pamve : It feems to be a Weaknefs peculiar to Alia, for we cannot
3 find
( « )
find a Term by which to exprefs the precife Idea in the European
Languages j it operates fomewhat like the violent Impulfe of Fear,
under which Men will utter Falfehoods totally incompatible with
each other, and utterly contrary to their own Opinion, Knowledge,
and Conviction ; and it may be added alio, their Inclination and
Intention. A very remarkable Inftance of this temporary Frenzy
happened lately in the Supreme Court of Judicature at Calcutta,
where a Man (not an Idiot) fwore upon a Trial, that he was no
Kind of Relation to his own Brother who was then in Court, and
who had conftantly fupported him from his Infancy; and that he
lived- in a Houfe by himfelf, for which he paid the Rent from his
own Pocket, when it was proved that he was not worth a Rupee,
and when the Perfon in whofe Houfe he had always refided ftood
at the Bar clofe to him.
Whenever the Word Folly included among the Vices above-
mentioned occurs in this Code, it mull always be underftood to
carry the Meaning here defcribed. — Another Conjecture, and that
exceedingly acute and ingenious, has been flatted upon this Folly,
that it may mean the Deception which a Man permits to be im-
pofed on his Judgment by his Pafiions, as Acts of Rapacity and
Avarice are often committed by Men who afcribe them to Pru-
dence and a juft Affertion of their own Right j Malice and Ran-
cour pafs for Juflice, and Brutality for Spirit. This Opinion, when,
thoroughly examined, will very nearly tally with the former; for
all the Paffions, as well as Fear, have an equal Eriicacy to diilurb
and
( 1* )
and diftort the Mind : But to account for the Folly here fpoken
of, as being the Offspring of the Paffions, inflead of drawing a
Parallel between it and the Impulfes of thole Paffions, we muff.
fuppofe the Impulfe to act with infinitely more Violence upon an
Afiatic Mind than we can ever have feen exemplified in Europe.
It is however fomething like the Madnefs fo inimitably deline-
ated in the Hero of Cervantes, fenfible enough upon fome Occa-
fions, and at the fame Time completely wild, and unconfeious
of itfelf upon others ; and that too originally produced by an Ef-
fort of the Will, though in the End overpowering and fuperfed-
ing its Functions.
It will no doubt ffrike the Reader with Wonder, to find a Prohi-
bition of Fire- Arms in Records of fuch unfathomable Antiquity; and
he will probably from hence renew the Sufpicion which has long
been deemed abfurd, that Alexander the Great did abfolutely meet
with fome Weapons of that Kind in India, as a Pailage in Quintus
Curtius feems to afcertain. Gunpowder has been known in
China, as well as in Hindoftan, far beyond all Periods of InvefHga-
tion. — The Word Fire- Arms is literally Shanfcrit Agnee-afler, a
Weapon of Fire ; they defcribe the firft Species of it to have been
a Kind of Dart or Arrow tipt with Fire, and difcharged upon the
Enemy from a Bamboo. Among feveral extraordinary Properties
of this Weapon, one was, that after it had taken its Flight, it di-
vided into feveral feparate Darts or Streams of Flame, each of
V'hich took effect, and which, when once kindled, could not be ex-
tinguifhed ;
( ia )
tinguiihed •* but this Kind of Agnee-after is now loft. — Cannon in
the Shanfcrit Idiom is called Shet-Aghnce, or the Weapon that
kills a hundred Men at once, from (Shete) a Hundred, and gheneh
to kill ; and the Pooran Shatters, or Hiftories, afcribe the Invention
of thefe deftructive Engines to Beemookerma, the Artift, who is
related to have forged all the Weapons for the War which was
maintained in the Suttee Jogue between Dewta and OrToor (or the
good and bad Spirits) for the Space of one hundred Years. — Was
it Chance or Infpiration that furnifhed our admirable Milton with
exactly the fame Idea, which had never before occurred to an Eu-
ropean Imagination ? »
The Battles which are defcribed in this Section, ridiculous as
they may appear, when compared with the modern Art and Im-
provement of War, are the very Counterparts, of Homer; for,
in the early Ages of Mankind, a Battle appears to have been little
more than a Set of diflinct Duels between Man and Man -, in which
Cafe, every Circumftance pointed out in this Part of the Magis-
trate's Duty might naturally be expected to occur: And this is a
forcible Argument to prove, that the Compilers have not foifled into
the Code any novel Opinions of their own, when in this Place
hardly one of the Principles of War, as ftated by them, is appli-
cable to the prefent Syflem and Situation of Mankind,
There is a particular Charge to the Magiftrate' to forbid
Fires in the Month Cheyt, or Part of March and April ; this is,
* It feems exa&ly to agree with the Feu Gregeois ef the Criifades.
O an
( liv )
an Inftitution moil wifely and ufefully calculated for the Climate
of Hindoftan, where, for above four Months before that Time,
there falls no Rain, and where the Wind always blows hard in that
Month, and is very dry and parching, fo that every Thing is in the
moil combuftible Situation, and the accidental burning of a Hand-
ful of Straw may fpread a Conflagration through a whole City. — It
is obfervable in India to this Day, that Fires are more frequent and
more dangerous in the Month Cheyt than in all the reft of the
•Year,
Upon the whole, the Scope and Matter of this Section is excel-
lent , and, divefted of the peculiar Tinct it has received from the
religious Tenets of its Authors, is not unworthy the Pen of the
moft celebrated Politicians, or Philofophers of ancient Greece.
CHAP. L The Code begins with Regulations for that which
is one of the firft Cements of civil Society, the Mutuation of Proper-
ty ; which, though equally necefTary and advantageous to the Pub-
lic, muft be confined within certain Limits, and conducted upon
the Faith of known Laws, to render it fafe, confidential, and equi-
table. The favourable Diftinctions marked towards fome Tribes,
and apparent Severity with refpect to others, in this Chapter, though
perhaps not reconcileable to our Ideas of focial Compact, muft be
fuppofed perfectly confonant to the Maxims of the Gentoos, and
familiar to their Comprehensions, as it may be obferved, that the
Compilers have been fcrupuloufly exact, in pointing out all fuch
*\ Cafes
( Jv )
Cafes as have received different Decifions in the different Originals
from whence the Abstract is fele&ed. Indeed, the Bramins, indif-
putably perfuaded that their Origin is from the Mouth, or fuperior
Member, of their Creator, and confequently that the Superiority
of their Tribe is interwoven with the very Effence of their Nature,
efteem that to be a full and fatisfactory Plea for every Advantage
fettled upon them, above the reft of the People, by the Laws of
their Country ; nor are the other Calls difcontented with the Lot
to which they have been accuftomed from their earliefl Infancy ;
if they blame any Thing, it is that original Turn of Chance which
gave them rather to fpring from the Belly or the Feet of Brihma,
than from his Arms or Head.
The different Rate of Intereff, eflablifhed in this Chapter to be
paid for the Ufe of different Articles, is perhaps an Inititute pecu-
liar to Hindoilan; but it reflects a ftrong Light upon the Simplicity
of ancient Manners, before Money was univerfally current as the
Medium of Barter for all Commodities, and is at the lame Time a
weighty Proof of the great Antiquity of thefe Laws, which feem
calculated for the crude Conceptions of an almoit, illiterate People
upon their firfl Civilization.
CHAP. II. The Rights of Inheritance, in the fecond Chapter,
are laid down with the utmoff Precilion, and with the flricteft. At-
tention to the natural Claim of the Inheritor, in the feveral De
of ^trinity. A Man is herein coniidered but as Tenant foi
( Ivi )
in his own Property ; and, as all Opportunity of diflributing his
Effects by Will, after his Death, is precluded, hardly any Mention
is made of fuch Kind of Bequeft. By thefe Ordinances alfo, he is
hindered from difpofTefiing his Children of his Property in Favour
of Aliens, and from making a blind and partial Allotment in Behalf
of a favourite Child, to the Prejudice of the reft; by which the
Weaknefs of parental Affection, or of a m.ifguided Mind in its
Dotage, is admirably remedied. Thefe Laws alfo ftrongly elucidate
the Story of the Prodigal Son in the Scriptures ; fince it appears
from hence to have been an immemorial Cuftom in the Eaft, for
Sons to demand their Portion of Inheritance during their Fathers
Life-Time, and that the Parent, however aware of the diffipated In-
clinations of his Child, could not legally refufe to comply with the
Application.
Though Polygamy has been conftantly practifed and univerfally
allowed under all the Religions that have obtained in Afia, we meet
with very few Inftances of permitted Polyandry, or a Plurality of
Hufbands, fuch as mentioned in the fourteenth Section of this
Chapter : But a Gentleman, who has lately vifited the Kingdoms
of Boutin and Thibet, has obferved, that the fame Cuftom is almoit
general to this Day in thofe Countries ; where one Wife fre-
quently ferves all the Males of a whole Family, without being the
Caufe of any uncommon Jealoufy or Difunion among them.
The
( lv" )
The characteriftic Enthufiafin of the Gentoos is ftrongly marked
in feveral Parts of this Chapter, where it appears, that the Property
of a Bramin is confidered as too facred to fall into profane Handy,
even thole of the Magiftrate -, which proves alfo that the Magistrates
are not Bramins. At the fame Time, we cannot help noticing
many Striking Instances of Moderation and Self-Denial in the Mem-
bers of this Tribe, who, being at once the Priefls and Legiflators of
the Country, have yet religned all the fecular and executive Power
into the Hands of another Can: ; for it appears, that no Bramin has
been properly capable of the Magistracy lince the Time of the Suttee
Jogue. They have alfo in one Place ordained, that, " If a Widow
" mould give all her Property and E State to the Bramins for reli-
" gious Purpofes, the Gift indeed is valid ;" that is, it comes within
the Letter of the Law : " But the Act is improper, and the Woman
" blameable." Such a Cenfure, though not amounting to an abfo-
lute Prohibition, is furely a fufficient Warning to thofe whofe weak
Bigotry might thus lead them to Error, and an Argument that theie
Lawgivers were free from all the narrow Principles of felf-intereSted
Avidity. The only Privilege of Importance, which they feem to
have appropriated to themfelves in any Part of this Compilation, is.
an Exemption from all capital Punimment : They may be de-
graded, branded, imprifoned for Life, or fent into perpetual Exile ;
but it is everywhere expreilly ordained, that a Bramin mall not be
put to Death upon any Account whatfoever.
P CHAP. III.
( Iviii )
CHAP. III. The Chapter of Juftice, in its general Tendency,
feems to be one of the belt, in the whole Code. The neceffary Qua-
lifications for the Arbitrator, the Rules for the Examination of
WitnefTes, and the Requifites for Propriety of Evidence, are ftated
with as much Accuracy and Depth of Judgment as the Generality
of thole in our own Courts. In this Chapter Mention is made of
the Purrekeh, or Trial by Ordeal, which is one of the mofl ancient
Inftitutes for the diftinguifhing Criterion of Guilt and Innocence
that hath been handed down to us by facred or profane Hiftory : Fire
or Water were the ufual Refources upon thefe Occafions, and they
were conftantly prepared and fanctified by the Solemnities of a reli-
gious Ceremonial. The Modes of this Ordeal are various in India,
according to the Choice of the Parties or the Nature of the Offence j.
but the Infallibility of the Refult is to this Day as implicitly believed
as it could have been in the darkeft Ages of Antiquity.
We find a particular Injunction and Defcription of a certain
Water Ordeal among the firfl Laws dictated to Mofes by God him-
felf 3 it is contained in the fifth Chapter of Numbers, from the
twelfth to the thirtieth Verfe, and is for the Satisfaction of jealous
Hufbands, in the immediate Detection or Acquittal of their Wives.
CHAP. IV. V. arid VI. In the two fucceeding Chapters no unufual
Matter occurs, but fuch as good irenfe and a Freedom from Prejudice
will eafily develope : But, in the fecond Section of the fixth Chapter,
a Faffage appears, which, upon a flight Examination, might give the
3 Reader
(' G* )
Reader a very indifferent Opinion of the Gentoo Svftem of Govern-
ment, viz. " A Law to regulate the Shares of Robbers." This
Ordinance by no Means refpects the domeftic Difturbers of the
Tranquillity of their own Countrymen, or Violators of the fir ft Prin-
ciples of Society, but only fuch bold and hardy Adventurers as filly
forth to levy Contributions in a foreign Province. Unjuft as this
Behaviour may appear in the Eye of Equity, it bears the moft genuine
Stamp of Antiquity, and correfponds entkely with the Manners of
the early Grecians, at or before the Period of the Trojan War, and
of the Weftern Nations, before their Emeriion from Barbarifm ; a
Practice ftill kept up among the pyratic States of Barbary to its fulleft
Extent by Sea, and probably among many Herds of Tartars and
Arabian Banditti by Land. However, the known Exigence and
Originality of this favage Syftem will juftify the Gentoo Magiftrate
of thofe ancient Periods in affifting the Freebooters with, his Advice,
and participating in their Plunder, when, at that Time, fuch Expe-
ditions were efteemed both legal and honourable.
It is not neceffary, in an EfTay like this, to attempt an Inveftiga-
tion of every local Anomaly, or national Peculiarity, that may arife in
the Courfe of this Work 5 but merely to fpeak of fuch as feem to
contradict the general Opinions of Mankind, and to round off thofe
harfher Features of the Picture which appear unnatural or diftorted^
as well as uncommon.
CHAP. VII. and VIII. Omitting therefore the Modes of Gift in
the feventh Chapter, and the particular Ordinances reflecting Slaves
in
( lx )
in the eighth, let us proceed to the fecond Section of the ninth
nter, " Of the Wages of Dancing Women or Proititutes."
CHAP. IX. From the moft diflant Ages the Afiatic World has
obferved the Cuitom of employing Women trained up, and hired
for the Purpofe to ling and dance at the public Feftivals and reli-
gious Ceremonies. We find that, " When David was returned
" from the Slaughter of the Philiftines, the Women came out of
li all the Cities of Ifrael finging and dancing to meet King Saul,
" with Tabrets, with Joy, and with Instruments of Mufic."
It is ftill an univerfal Practice among the Gentoos, to entertain
a Number of fuch Women for the Celebration of their folemn
Feftivals ; and in many Parts of the Deccan, a Band of them is
kept in every Village at the public Charge, and they are frequently
difpatched to meet any Perfon pafling in a public Character, ex-
actly conformable to the Reception of Saul by the Women of Ifrael.
Probably their being expofed to general View and to a free Conver-
fation with Men (fo contrary to the Referve and Privacy of the
red: of their Sex in Alia) firft betrayed them into Proflitution : And
in former Ages, a Proftitute feems to have been by no Means fo
defpicable a Character as at prefent, fince one of the firft Acts of
King Solomon's Government that was thought worthy to he record-
ed was a Decifion from the Throne, upon the Suit of two Harlots.
Many States, even among the Moderns, have found the NecerTUy
well as Utility of tolerated Proflitution j they have difcovered
it
( lxi )
it to be one of the mod effectual Methods for preserving the Peactf
of Families and the Health of Individuals; and Publick Stews have
accordingly been licenfed under every Regulation that could be de-
viled to obviate their probable ill Effects, and to fecure all their
Advantages; fo, in Alia, the Profeilion of Singing and Dancing
by diftinct Sets or Companies naturally formed thefe Women into
a Kind of Community. And as the Policy of a good Government
will always look with an Eye of Regard upon every Branch of So-
ciety, it was but juft and proper to enact Laws for the Security and
Protection of this Publick Body, as well as of the reft of the Stat:-,
particularly as the Sex and Employment of thofe who compofed
it rendered them more than ufually liable to Infult and ill
Ufage.
It can be no Objection to the Rules laid down in this Place,
that the Language in which they are delivered is plain even to
GrofTncfs ; it is well known that the Ancients, even in their moil
refined Ages, admitted a Freedom of Speech utterly incompatible
with the Delicacy of modern Converfation, and that we are on that
Account frequently much embarrafled in translating even the mod
claffical Authors of Greece and Rome. — Indecency too feems to be
a Word unknown to the Law, which ever infills upon a fnnple De-
finition of Fact. The Englifh Courts, upon Trials for Rape or
Adultery, are full as little mo deft and equivocal in their Language
as any Part of this or fome of the fucceeding Chapters ; neither
Rank nor Sex, nor Innocence can protect a Woman who is unfor-
Q^ tunate
( Mi )
tunate enough to be called in as a Witneft, even upon cht moft tri-
vial Points of inch a Caufe, from being obliged to hear, and even to
utter the mod indecent and Allocking ExpreiTions, which are nacef-
farily urged upon her, fa far as to authenticate every Circumstance
in Quefiion, without the leaft Difguife of Circumlocution or Re-
ferve in. Favour of Modefly : Yet Trials of this Nature are pub-
lished at length among us, and read with Eagerneis-, as. much perhaps
to the Scandal of the Law as to the Corruption of our Imaginations,,
and the Debasement of cur Manners.
But a Work upon fo di flu-five a Plan as thai of this Code is cal-
culated for the Perufal of the Judge and of the Philofopher, and is
far above the Cavil of narrow Understandings and felfifh Prejudices.
Thefe indeed will fometimes feel, or pretend to feel, a greater Shock
at the Mention of certain Crimes, than it is to be fufpedted they
would undergo in the Commiffion of them ; but for the Warning
of the Subject, and for the Guidance of the Magistrate, no Delinea-
tion of Offences can be too minute, aad no Difcrimination too
particular.
CHAP. XVI. From hence, in Conformity to the Intention of
this Treatife, we mall at once proceed to the fixteenth Chapter of
ASTault, and of Preparation to ASTault j which feems entirely found-
ed upon the peculiar Tendernefs of a Gentoo's Confcience, with ref-
pect to the Purity of his Cart. Here we fee almoft every Unclean-
nefs that can be pra&ifed accurately fpecified, and Strongly prohibit-
ed;
( Ulii )
cd; and the Penalty is confhintly enhanced in Proportion tb tftfe
Hank or Circumftances of the Parties. The fame Notions of
Defilement from Contact with any unclean Article appear to have
been diligently inculcated into the Jews by tihsir infpired Lcgi-
flator; and the nineteenth Chapter of Numbers bears an evident
Relation to the Spirit and Meaning of the Chapter here, though it
differs in the Statement of the feveral Objects from whence the
Defilement is fuppofed tooroceed. The Regulations before us were
entirely nccelTary for a People, whofe very Degree and Place in So-
ciety were conditionally dependant upon a fcrupulous Avoidance of
all Uncleannefs. Plence even the Preparation or Attempt to Affault
was forbidden, as well as the Act itfelf ; and the tautologicalEnume-
ration of every poflible Mode of this Affault, by the mo ft minute
Gradations, needs no other Plea to reconcile it to our Ideas.
CHAP. XVII. The Chapter upon Theft contains a complete
Anfwer to every Objection that might be brought againft a former
Expreffion in the Code, " Of the Magifrrates fbaring in the Plun-
" der of Robbers," as almofl every poflible Species of Fraud or
Robbery is in this Place impartially condemned. Among other
Punifhments, thofe of " Cutting off the Hair, Shaving with the
Urine of an Afs, Sec.'' are feveral Times mentioned. Thefe are
like the Stocks and Pillory among ourfelves, intended to operate
upon the Feelings of the Mind, rather than thofe of the Body, and,
by awakening the Senfe of Shame andDifgrace, to obviate the Necef-
fity of Corporal. Chaftifement. They are conffantly confidered
among
( lxiv )
among the Hindoos as the moil complete Degradation they can un-
dergo, next to the abfolute Lofs of Cafl. And fome imagine,
though without Foundation, that they are by this Punifhment
really expelled from their Tribe; that however is not the Cafe,
they are meant merely as temporary Humiliations, and as a Kind of
Warning, that upon the next Offence the Sword of Juftice will be
aimed at the Head itfelf.
The Fines or Penalties enjoined for concealed Theft, in the
third Section cf this Chapter, comprehend moil of the Modes of
Capital Punifhment prefcribed by ancient or modern Tribunals.
Hanging; and Crucifixion feem to have been the ufual Kinds of
Death inflicted by the Jews; but their Laws were alfo no Strangers
to the Practice of Burning, as we find by the twenty-firfl Chapter
cf Leviticus : " The Daughter of any Prieil, if (lie profane herfelf
" by playing the Whore, file profaneth her Father, frit mail be
" burned with Fire."
The Crime of Men- ileal ing, mentioned in this Part of the Code,
however repugnant to every Principle of Humanity, is not by any
Means peculiar to ih^ Gentoos, for it is likewife forbidden, under
Pain of Death, in Deuteronomy, Chapter twenty- fourth ; " If a
" Man be found ftealing any of his Brethren of the Children of
" Ifrael, and maketh Merchandize of him, then that Thief mail
" die, and thou malt put away Evil from among you."
This
( l*v )
Tins Part of the Compilation exhibits a Variety of Crimes pu-
nithaMe by variousModes of capitalRetribution, contrary to the gene-
ral Opinion adopted in Europe, that the Gentoo Adminiftration was
wonderfully mild, and averfe to the Deprivation of Life. One
Caufe for this Opinion might be, that, fince the Tartar Empire be-
came abfolute in India, the Hindoos (like the Jews in the Captivity)
though in fome Refpecls permitted to live by their own Rules and
Laws, have for Reafons of Government been in moll Cafes prohi-
bited from dying by them. This Chapter however difplays In-
ftances of what might feem unjuftinable Severity, did not the Jewifh
Difpenfaticn afford us a Number of Examples to the fame Purpofe.
The Ordinance in Mofes for Stoning a Rebellious Son, or a Girl
found not to be a Virgin : Samuel's hewing Agag to Pieces before
the Lord in Gilgal : Whole Nations cut off at once by unlimitted
Profcription : David's harrafling his Enemies with Harrows of
Iron; and a Thoufand other PafTages of the fame Tendency, prove
that the Laws of moft Nations of Antiquity were written in Let-
ters of Blood; and if in England (as it is faid) we have near eighty
Kinds of Felonies, all liable to capital Punifhment, theGentoos need
not think their own Legiflature uncommonly fertile in Employ-
ments for the Executioner.
The latter Part of this Section is particularly fet apart |o treat of
Thefts committed by the Bramin Tribe; and the many dreadful
Penalties there enjoined leave the Delinquents but a llender Satis-
R faction
( Ixvi )
faction in their Exemption from capital Punifhment: Add too, that
from thefe Circumitances it may be collected, that this Exemption is
really founded upon a reverential Regard to the Sanctity of their
Function and Character, rather than upon the unjufl Preference of
felf-interefted Partiality.
CHAP. XIX. The nineteenth and twentieth Chapters prefent
us a lively Picture of Auatic Manners, and in them a ftrong Proof
of their own Originality. To Men of liberal and candid Sentiments,
neither the Groffnefs of the Portrait nor theHarfhnefs of the Colour-
ing will feem improper or indecent, while they are convinced of the
Truth of the Refemblance; and if this Compilation does not exhi-
bit Mankind as they might have been, or as they ought to have been,
the Anfwer is plain, " Becaufe it paints them as they were." — Vices,
as \\ ell as Fafhicns, have their Spring and their Fall, not with Indi-
viduals only, but in whole Nations, where one reigning Foible for
awhile fwallows up the reft, and then retires in its Turn to make
room for the epidemic Influence of a newer Pafiion. Wherefore,
if any Opinions not reconcileable to our Modes of thinking, or any
Crimes not practifed, and {o not prohibited among us, mould occur
in thefe Chapters, they mult be imputed to the different Effects pro-
duced on the Human Mind by a Difference of Climates, Cu/roms
and Manners which will constantly give a particular Turn and Bias
to the National Vices. — Hence it would be a weak and frivolous
Argument for cenfuring the fifth Section of this nineteenth Chap-
ter, to object that it was levelled at an. Offence ablurd in itfeif, not
Likely
( lxvii )
likely to be frequent, or fuppofing it frequent, ft ill to be deemed' of
trivial. Coniequence; and to make this Objection merely in Con-
fideration that the Offence may not be ufual among us, and has cer-
tainly never been forbidden by our Legi nature, fuch Cavils would
betray a great Ignorance of the general Syftem of Human Nature,
as well as of the common Principles of Legiilation for Penal Laws
(except for the moit ordinary Crimes) are. not enacted until particu-
lar Inftances of Offence have pointed out their abfolute Neceffity;
for which Reafon Parricide was not fpecified among the original
Institutes of the celebrated Lawgiver of Sparta. Hence we may
with Safety conclude, that the feveral Prohibitions and Penalties of
this fifth Section were fubfequent to and in confequence of the
Commiffion of every Species of Enormity therein defcribed.
In Alia, the indubitable Virginity of the Bride has ever been a
requiiite and moil: neceilary Condition of a Marriage; and indeed
the Warmth of Conflitution in either Sex, and the univerfal Jealoufy
of the Men in thofe Climates, give great Propriety to the Caution ;
for in Women the firft Breach of Chaftity was always efteemed deci-
five; and Moles confidered the Offence in at leaitas ferious a Light
as the Gentoos have done, fince he ordained, that, if the Tokens of
Virginity were not. found upon a Girl at her Marriage, fhe mould
be iloned: -A hard Fate furely, if we reflect to how many Accidents
fc> frail an Article is liable, without any Intention or Fault of its^
PolT-iibr ! And if a Hindoo's Confcience is equally nice with a
Jew's, upon this Point it cannot be judged extraordinary, that a par-
ticular.
( ixviii )
ficular Section of this Code mould be appropriated to the Condemna-
tion of fuch Practices as may violate Virginity, and deltroy its To-
kens, even without actual Copulation, fince the Difgrace and other
unhappy Confequences to the Woman are equally inevitable, to what
Caufe foever it be owing that the Proofs of her Chaftity are de-
ficient.
The beft Security for Female Virtue is the total Abfence of
Temptation, and confequently, to endeavour to remove the one is
a prudent Caution for the Prefervation of the other. We find there-
fore the feveral Modes and Gradations of Afiatic Gallantry feparate-
ly forbidden at the Beginning of this Chapter, which, by flightly
punifTiing the firit Preparatives and leading Steps to an Offence,
(hews a tender Concern for the Offender's Welfare, to whom it thus
gives a monitory Check at the very Commencement of his Defign,
and before the Execution of it has fubjected him to the extreme
Rigour of the Law*
CHAP. XX. It may not be improper to mention upon this
Chapter, that the Bramins who compiled the Code were Men far
advanced in Years, as one of them above eighty, and only one under
thirty-five, by way of Apology for the Obfervations they have fe-
lecled, and the Cenfures they have palled upon the Conduct and
Merits of the Fair Sex. Solomon however, who probably had as
much Experience in Women as any Pundit in any of the Four
Jogues, was nearly of the fame Sentiments, as we may collect from
numerous
( lxa )
numerous Paffages in his Proverbs, one of which, in the thirtieth
Chapter, fo exactly corresponds with a Sentence in this Part of the
Code, that the one almoil feems a literal Tranfcript from the other.
" There are," fays Solomon, " Three Things that are never fatis-
u iied; yea, four Things fay not, it is enough : The Grave and the
"Barren Womb; the Earth that is filled not with Water, and
u the Fire that faith not, it is enough."
The Paflage in the Code will fpeak for itfelfj — fo itriking a Re-
femblance needs neither Quotation nor Comment: — Yet neither the
Royal Author of the Proverbs, nor the Compofers of the Shatters,
are by any Means fo cenforious or fo unjuft as to deny the Poffibi-
lity of Excellence in the Female Sex, though they allow the In-
liances to be fomewhat fcarce, and that Wives of this Quality are
only to be obtained by many and great Acts of Piety, or, as Solo-
mon expreues it, " A Prudent Wife is from the Lord."
The many Rules laid down in this Chapter, for the Prefervation
of domeilic Authority to the Hufband, are Relicks of that characterif-
tic Difcipline of Afia, which facred and profane Writers teftify to
have exifted from all Antiquity ; where Women have ever been the
Subjects, not the Partners of their Lords, confined within the Walls
of a Haram, or bulled without Doors in Drudgeries little becom-
ing their Delicacy. The Trojan PrincelTes were employed in warning
Linen; and Rebecca was firft difcovered by Abraham's Servant with
a Pitcher upon her Shoulder to water Camels. " Two Women
S " (hall
( t*i )
19 mall be grinding at the Mill," fays the Prophet; but theNotoriety of
this Fact obviates the NecefTity of Quotations : It may juft be ob-
ferved, that Solomon in praifing a good Wife mentions, that " She
" rifcs while it is yet Night," which we muft fuppofe to be before
her Hufband; and we find this to be one of the Qualifications for a
good Gentoo Wife alfo.
The latter Part of this Chapter relates to the extraordinary Cir-
eumftance of Womens burning themfelves with their deceafed
Hufbands: — The Terms of the Injunction as there fet forth are
plain, moderate and conditional: " It is proper for a Woman to burn
<f with her Hufband's Corps;" and a proportionate Reward is offered
inCompenfation for her Sufferings. - Notwithstanding the Ordinance
is not in the abfolute Style of a Command, it is furely furliciently
direct to ftand for a Religious Duty; the only Proof that it is not
pofitive is the Propofal of inviolable Chaflity as an Alternative,
though it is not to be taken for an Equivalent. The Bramins feem
to look upon this Sacrifice as one of the firiT Principles of their Reli-
gion, the Caufe of which it would hardly be orthodox to investi-
gate. There are however feveral Refractions with refpect to it, as
that a Woman muft not burn herfelf if (lie is with Child, nor if her
Hufband died at a Diilance from her, uhlefs (lie can procure his
Turban and Girdle to put on at the Pile, with other Exceptions of
the fame Nature, which they clofcly conceal from the Eyes of the
World,, among the other Myftcries of their Faith : But we are con-
vinced equally by Information and Experience, that the Cullom has
not
( lxxi )
not for the mod Part fallen into Defuetude in India, as a celebrated
Writer has fuppofed.
CHAP. XXI. The twenty-firft Chapter comprehends aNumber of
unconnected Articles, of which the lail Section is a Kind of Perora-
tion to the whole Work. But of fuch Putts of thefe Ordinances as
relate merely to the Religious Opinions of the Hindoos wc certain-
ly are not authorized to judge; they were instituted in Conformity
to their Prejudices; and the Conferences of the People, as well as
the Penalties of the Law, enforce their Obedience. Hence little
Obfervation need be made upon the accountable Prohibitions of
the fecond Section, but that the Commiflion of fuch ridiculous
Crimes, for which no poihble Temptation can be pleaded, may be
feverely puniihed, without much Danger to the Generality of
Mankind.
The Article of the third Section is of a more ferious Nature, and
contains an Injunction not unnecefTary for the general Peace and
good Order of every Community. The Vulgar in all Nations are
tied down to the continual Exercife of bodily Labour for their own
immediate Subfiitence; and their Employments are as incompatible
with the Leifure requifite for Religious Speculations, as their Ideas
are too grofs for the Comprehension of their Subtilty ; add to this,
that illiterate Minds are ufually fo apt to kindle at the lead:
Touch of Enthufiailic Zeal, as to make their headftrong Supersti-
tion the mofl dangerous of all Weapons in the Hands of a defigning
Partisan;-
( Ixxii )
Partizan; like \\\zAgnee- after y it rages with unquenchableViolence,and
Separating into a thoufand Flames, all equally deftructive, fublides
not but with the Exaltation of a Cromwell, or a MafTacre of Saint
Bartholomew. Mofes obferved a like Severity with this Code, in
prohibiting the reft of the People from any Interference with the
ProfefTion of the Priefthood ; the Ordinance is irTued from the
Mouth of Godhimfelf: " Thou malt appoint Aaron and his Sons,
" and they mall wait on their Prieft's Office, and the Stranger that
" cometh nigh mall be put to Death."
Indeed the whole Office, as well as the facred Preeminence of
the Braminical Tribe, is almofl an exact Counterpart of that of the
Levitical : The Levites were particularly forbidden Wine; fo are
the Eramins : The Levites were more than others enjoined to
avoid the Contact of all Uncleannefs; fo are the Bramins: The
Levites were to aflift the Magiftrate's Judgment in difficult Cafes ;
{o are the Bramins: And, in every other Refpect, the Refemblance
might well authorize a Sufpicion, that they had originally fome
remote Affinity to each other, though Conjecture cannot poffibly
trace the Source of the Connexion.
The Patience of the Publick has now been fufriciently exercifed
and treipaiicd upon in this Eflay, which was but dehgned to ob-
ite fome of the moil plaufible Objections, which are likely to be
Hated againft fo uncommon a Compilation. We have every where
I reduced Inftances of a Similitude between the Mofaical and the
Hindoo
( lxxiii )
Hindoo Difpenfation, though without attempting to infert the
hundredth Part of what occurred upon fo fruitful a Subject.
But it is not only to the Laws of Mofes that this Code bears a
ftriking Likenefs; many other Parts of the Holy Scriptures may
from hence be elucidated or confirmed : Thus in the Book of
Genefis we find Laban exculing himfelf for having fubftituted
Leah in the Place of Rachel to Jacob, in thefe Words : " It muft
" not be fo done in our Country, to give the Youngeft (Daughter)
•* before theFirft-Born :" This was long beforeMofes was born.— »
So in this Compilation it is made criminal for a Man to give
his Younger Daughter in Marriage before the Elder, or for a
Younger Son to marry while his ElderBrother remains unmarried.
Comparisons of this Nature will illuftrate many doubtful Para-
ges, and explain many obfolete Cuiloms and Ufages alluded to
throughout the Bible; fo that mould no Part of thefe Laws be
thought worthy of Adoption into the Syftem of a Britim Govern-
ment in Alia, they will yet well deferve the Confideration of the
Politician, the Judge, the Divine, and the Philofopher, as they
contain the genuine Sentiments of a great and flourifhing People,
at a Time when it was impoffiblc for them to have any Connexion
or Communication with the European World, upon Subjects in
which all Mankind have a common Intereft ; as they abound with
Maxims of general Policy and Juftice, which no Particularity of
T ' Manners,
( lxxiv )
Manners, or Diversity of Religious Opinions can alter ; as they
may become ufeful References for a Number of National and
local Distinctions in our own Sacred Writings, and as the feveral
Powers of the Mind, in the gradual Progrefs of Civilization, may by
judicious Comparifons from hence be inveftigated almoft to their
firft Principles.
The End of the Translator's Preface.
v. - .:" -r-~
TRANSLATION
O F A
Pootee, or Compilation,
O F T H E
ORDINATIONS
OF THE
PUNDITS.
( 3 )
PRELIMINARY DISCOURSE.
T?ROM Men of enlightened Underftandings and found Judgment, who, in
their Refearches after Truth, have fwept from their Hearts the Dull of Ma-
lice and Oppofition, it is not concealed, that the Contrarieties of Religion, and
Diverfities of Belief, which areCaufes of Envy, and of Enmity to the Ignorant,
are in fact a manifeft Demonftration of the Power of the Supreme Being:
For it is evident, that a Painter, by fketchinga Multiplicity of Figures, and by
arranging a Variety of Colours, procures a Reputation among Men ; and a
Gardener, for planting a Diverfity of Shrubs, and for producing a Number of
different Flowers, gains Credit and Commendation; wherefore it is Abfurdity
and Ignorance to view, in an inferior Light, him who created both the Painter
and the Gardener. The truly Intelligent well know, that the Differences and
Varieties of created Things are a Ray of His glorious Effence, and that the
Contrarieties of Conflitutions are a Type of His wonderful Attributes -a whole
complete Power formed all Creatures of the animal, vegetable and material
World, from the four Elements of Fire, Water, Air and Earth, to be an Or-
nament to the Magazine of Creation; and whofe comprehenfive Benevolence
fclected Man, the Center of Knowledge, to have the Dominion and Authority
over the reit -9 and, having bellowed, upon this favourite Object, Judgment and
Uiiderftanding,
( 4 )
Understanding, gave him Supremacy over the Corners of the World-, and,
when he had put into his hand the free Control and arbitrary Difpofal of all
Affairs, He appointed to each Tribe its own Faith, and to every Seel: its own
Religion; and having introduced a numerousVariety of Cafts, and a Multipli-
city of different Cuitoms, He views in each particular Place the Mode of Wor-
ship refpectively appointed to it; fometimes He is employed with the Attend-
ants upon the Mofque, in counting the facrcd Beads; fometimes He is in the
Temple, at the Adoration of Idols; the Jntimate of the Muffulman, and the
Friend of the Hindoo ; the Companion of the Chriftian, and the Confidant of
the Jew. Wherefore Men of exalted Notions, not being bent upon Hatred
and Oppofition, but confidering the collected Body of Creatures as an Object
of the Power of the Almighty, by investigating the Contrarieties of Sect, and
the different Cufloms of Religion, have ftamped to themfelves a lading Re-
putation upon the Page of the World; particularly in the extenfive Empire
of Hindoftan, which is a moft delightful Country, and wherein are collected
great Numbers of Turks, ofPerfians, of Tartars, of Scythians, of Europeans,
of Armenians, and of Abyfilnians. And whereas, this Kingdom was the long
Refidence of Hindoos, and was governed by many powerful Roys and Rajahs,
the Gentoo Religion became catholick and univerfal here; but when it was
afterwards ravaged, in feveral Parts, by the Armies of Mahomedanifm, a
Change of Religion took place, and a Contrariety of Cuftoms arofe, and all
Affairs were tranfacted, according to the Principles of Faith in the conquering
Party, upon which perpetual Oppofmons were engendered, and continual
Differences in the Decrees of Juftice ; fo that in every Place the immediate
Magiitrate decided all Caufes according to his own Religion ; and the Laws
of Mahomed were the Standard of Judgment for the Hindoos. Hence
Terror and Confufion found a Way to all the People, and Juftice was not im-
partially adminiftered ; wherefore a Thought fuggefled itfelf to the Governor
General, the Honourable Warren Bajiings^ to inveitigate the Principles of
the
( s )
the Gentoo Religion, and to explore the Cuftoms of the Hindoos, and t<s
procure a Tranflation of them in the Perfian Language, that they might be-
come univerfally known by the Perfpicuity of that Idiom, and that a Book
might be compiled to preclude all fuch contradictory Decrees in future,
and that, by a proper Attention to each Religion, Juftice might take place
impartially, according to the Tenets of every Sect. Wherefore Bramin*,
learned in the Shatter (whofe Names are here fubjoined) were invited from
all Parts of the Kingdom to Fort-William, in Calcutta, which is the Capital
of Bengal and Bahar, and the moll authentick Books, both ancient and
modern, were collected, and the original Text, delivered in the Hindoo
Language, was faithfully tranflated by the Interpreters into the Perfian Idiom.
They began their Work in May, 1773, anfwering to the Month Jeyt, 11 80
(Bengal Style) and finifhed it by the End of February, 1775, anfwering to
the Month Pbaugoon, 11 82 (Bengal Style.)
B NAMES
( 6 )
NAME
O F T H E
B R A M I N S,
Who compiled this Work.
Ram Gopaul Neeayalunkar
Beereefhur Punchanun
Kifhen Juin Neeayalunkar
Baneemur Beedyalunkar
Kerpa Ram Terk Siedhaut
Kifhen Chund Sareb Bhoom
Goree Kunt Terk Siedhaut
Kifhen Keifub Terkalungkar
Seeta Ram Bhet
Kalee Sunker Beedyabagees
Sham Sunder Neeay Siedhaut
GLOSSARY
[ 7 ]
GLOSSARY
OF SUCH
Shafcrit, Perfian, and Bengal Words,
AS OCCUR IN THIS
WORK.
jJB KOOR UN, Preparation to aflault.
Acharige, A Teacher of the Goiteree.
Adew, Property that may not be given away.
Adhegeerun Gerrut, A Man who performs Service to his Relations.
Adbuk, A fmall Weight or Meafure.
Affus, Aftringent.
Aghin,
( 8 )
Agbun^
Ahut,
Anoo Patuk,
Antee Bafhee,
Apateree Kurrun^
Arde Kheel,
Ar/h,
Arteb Bheruty
Arzal,
Arzeez,
AJbriiiw,
AJhore,
AJhrufie,
AJhummeed Jugg,
Afljivamee Peikereey
Affen,
Alee Patuk,
Ayammi Shadee>
One of the Bengal Months, anfwering to Part of No-
vember and December.
A Man pledged for a Loan..
Impofture, Petty Crimes.
An Apprentice.
A Species of trifling Offences.
Land half Wafte.
One of the Five Superior Modes of Marriage.
A Servant for pecuniary Wages.
An inferior Tribe of the Hindoos.
Tin.
Purification by Bathing.
One of the Three Inferior Modes of Marriage.
The moil valuable Gold Coin.
A religious Ceremony, in which a Horfe is let loofe,
with certain Hindoo Texts written upon him.
One who difpofes of another Perfon's Property with-
out a Right fo to do.
One of the Bengal Months, anfwering to Part of Sep-
tember and October.
Inceft.
A Number of Feftival Days on a Marriage.
B Ban Peruft,
( 9 )
Ban Perujl,
Bazar,
Beejefhukta,
Beekreet,
Beena,
Beet, .
Beheerrehy
Beidj .
Beopary,
Beramehy .
Berayut,
Berlakruty
Bereefocherg,
Berenge-arook,
Berhemcharry,
Bhadun,
A Hermit.
A Market.
A Public or Common Bull.
A Man who voluntarily fells his own Liberty,
A Species of long Grafs.
A Species of prickly Grafs.
An aftringent Drug..
The mod ancient and venerable of the Gentoo Scrip-
tures. There are YomBeids, the RugBeid, the Huchur
Beid, the Sam Beid, and the Ahtrebun Beid.
A travelling Merchant, or Pedlar, who carries his
Goods upon Bullocks.
One of the Five Superior Modes of Marriage.
A Bramin's Son who is a Minor.
A Man become a Slave for the Sake of a Female Slave.
A con fee rated Bull fuffered to go loofe.
Rice cleanfed without boiling.
A Man who has ftudied Divinity Twelve Years.
One of the Bengal Months, anfwering to Part of
Augufl and September.
C Mekut,
( io )
Bbekutt
Bhertuk,
Bhock Bberut,
Bhook Labhcb,
Bice,
Br amir..
Bubhar,
Buy
BundhoOy
Burmah,
Burrun,
Burrun Sunkcr.
Burrut,
BfUJtarMa
A Slave for a Livelihood.
A Pimp or Attendant upon Dancing Women.
A Servant.
A Man who ferves for h:s Subfiilence.
Intereft produced by Uiufruct of any Articles pledged.
The Third original Gentoo Tribe.
The Firft original Tribe of Gentoos.
Juftice.
Magazines and other Offices for the Magiftrate.
A Bank.
The fecondary Deity and immediate Creator of all
Things.
The peculiar Mode or conilitutive Particularity of
each Tribe.
The general Denomination of all Tribes, produced by
the Intermixture of Two different Tribes.
A religious Foundation.
A Weight of Stone.
. Z0UB,
Chat-i
A Mcafure of Cowries, being Sixteen Pun.
An Umbrella.
Cbebiere*}
( II )
Chehteret,
'Chendal,
Cheyt,
Chickerberdehee,
Chokey,
Chokeydar,
Ckoperbazee,
Chuckrch,
Coin,
Cody,
Cafe,
Cojfid,
Cutcherry,
The Second original Gentoo Tribe.
A mean Tribe of Gentoos.
One of the Bengal Months, anlwering to Fait of March
and April.
Compound Intereft.
A Toll Gate.
A Watchman or Guard ; fometimes a Toll Gatherer.
A Game of Hazard played with Three oblong Dice.
A fmall Carriage for Burthens, a Cart.
As Gold Coin,&c. is here meant for a fmall Grain, or
Bead of Gold current in the Country, whereof
Eight make one Majkeh; it is called Surkb inPerfian,
and Ruttce in Bengal.
A common Porter or Carrier of Burthens.
A Meafure of Two Miles nearly.
A MefTenger or Poftman.
A Court of Juftice.
D
Date,
Dam,
Dan,
Inheritable Property .
A fmall Coin.
A relig-lous Ceremon'v
Dayavattpakut,
( 12 )
Dtyavaupakut,
Daye Bbag,
Deep,
Jumlco Deep,
Pulkhoo Deep,
Sbcolmeloo Deep,
Koojhud Deep,
Kerooncbud Deep,
Sbakud Deep,
Pccftkerud Deep,
Deeyb,
Deiccl,
Deri an,
Dercon,
Deity
Dewtab,
Doll,
Doob,
Dcot,
Dcfs,
Dole,
Ducbneb,
Parijbj
A Slave by long Defcent.
Inheritable Property.
The World j of which they, reckon Seven :
TheHindoos fay, that this habitableWorld, orDeep,
is furrounded on every Side by theSumooder, or main
Ocean, to the Breadth of Four Hundred Thoufand
Ccfe ; after which commences the Second Deep, and
fo in order.
One of the Five Superior Modes of Marriage.
A mean and adventitious Tribe among the Gentoos.
A Porter or Doorkeeper.
A Weight or Meafure.
Property which it is lawful to alienate.
That Deity to whom Prayers are to be offered,
Any Pulie broken.
Fine Grafs.
An Agent or Hircarrah.
A Slave.
All Games of Hazard.
Certain Fees paid to a Bramin for perform ingWorfhip
for any Perfon.
Affault.
Diitt,
DUtty
Dutta*
Gifts unapproved, or which may be taken back.
Things given away, which may not be taken back.
E
Eenakul Bebrut,
Enahut,
A Slave whofc Life lias been faved in Famine.
A Second Depofit ef Articles depoiited in Trull: to
any Perfon.
Tateheh Buzurgwar, An Offering made for the Souls of deceafed Anceftors.
Gdnfee Jikkheb,
Gehenmim,
Gerhejat,
Ghee,
Gheerus,
Gherbut,
Ghurrie,
A Confumption, or Spitting of Blood and Phlegm.
Hell.
A Child born to a Matter, by a Female Slave.
Clarified Butter.
A voluntary Slave for a certain Time.
A City of the fmalleft Size.
A Meafure of Time, comprehending Twenty-fowi
Minutes.
D Cortene,
( *4 )
Gcjteree,
Crdmf
Can (De,
A Gentoo Incantation.
An Agent.
Is a Word ufed by the Englifh for a Kind of Tare; in
the Bengal Language, it means a Village.
Four Cowries.
H
Hackery,
Bar am,
Haut,
Hejamui,
IJircarrah,
Hcwakb,
Hurrehy
An Indian Carriage.
A Seraojio.
A Weekly Market for various Goods.
The Profefiion of Barber, which confifts in. Shaving,,
Paring the Nails, &c.
A Spy, or MefTenger.
A Depofit of Property in full Confidence.
An afhingent Drug.
I
Jatee Bherun Kujhker,
Jee Potr,
A Species of petty Offences.
A Statement and Decree.
A Bengal Month, anfwering to Part of May and June.
Ibiimatndar,
( is )
thtimamdary
InderjS,
Joodeh Pemtyuty
Joojm,
Jootefe,
Ifrum,
Jugg>
Jungle,
A Superintendant, or Lieutenant Governor.
A Drug of no Estimation, that grows wild, in the
Woods.
A Slave taken in War.
A Meafure of Four Cofe.
The Book of Gentoo Aftronomy.
Orders or Ranks of Men.
A religious Ceremony.
Lands wholly uncultivated..
Kandehruby
Kartee-au,
KafeJb,
Kau-ee-kau,
Kaukekau,
Keereeut,
Keheet Derjhet^
Kehtat
Keroor,
lihcd,
K
One of the Five Superior Modes of Marriage..
A voluntary Offer of Increafe of Intereft..
A Mixture of Tin and Copper.
Intereft paid Yearly.
Intereft paid Monthly.
A purchafed Slave.
Affault and Bloodmed.
A Son of a Soader begotten upon a Chehuree.
A fabulous Bird.
Wafte Land,
Kbeet,
( 16 )
Kheety
KhieUy
Kombehy
Koodup,
KooloOy
Koonchyy
Koofmy
Kofey
Kunfitd,
Kureelah
A City of the Second Size.
A Bridge.
A large Weight or Meafure.
A fmuller Weight or Meafure.
The Cocoa Tree.
A fmaller Weight or Meafure.
A Sort of Flowers ufed in Dying.
A Species of Herb or Grafs.
Rape Seed.
A fmall Vegetable of a very bitter Taflc.
Leek hit k,
Lubdebee,
LUty
LkttCiy
A Secretary or Writer.
A Slave found by Accident.
A creeping Tree •, alfo the Name of a Bird.
The Name of a large Tree.
M
uVLia/ifer,
Maha Ptitttk,
A Species of Flowers ufed in Dying.
Murder, and other heinous Crimes.
Majheb
( «7 )
Majheh of Silver,
Majheh of Gold,
Meet-hid,
Melabhoo,
Mookhud,
Moon/hi,
Muluch,
Muntur,
Mufnud,
Mitt- hooter,
VV of a Silver Rupee.
,V of an Jfljrtifie.
An Inhabitant of Methilla, a famous Town for Bramm
of Learning, in the Wed, near the Soubab of Oude,
about 15 Days Journey from Benares.
A Species of lefler Offences.
A Debtor who has given himfelf up as a Slave to his
Creditor.
A Writer or Secretary.
The general Name for Tribes who have no Prohibi-
tion with refpecl to Food.
A Text of the Shaft er.
A Throne, or Seat of Dignity.
A Denial.
Nandee Mookheh,
Neeafh,
Needee,
Neekheep,
A7eemtuk-kerm,
Neefiungpat,
Nigher,
N
A Ceremony preparative to a Marriage.
A Depofit to prevent the Seizure of Effects.
To find any loll Article.
A Depofit in Confidence.
Occafional Worfhip for Holidays.
Affault without Bloodlhed.
A large City.
NuVab,
( i8 )
Nullah,
Nut-kerm,
A Brook.
Daily Worihip.
OpGoklit,
Opoo-Patuk,
Qulahy
O
A voluntary Slave.
Small Offences.
A Drug which when beaten up with Oil is ufed as an
Ointment for the Hair, by the vulgar Women in
Bengal.
Vaan,
Paddee,
Pak-Parijh,
Paufs,
Peepul,
Pebteck,
Peiadac,
PeijJjdchy
Peryapnt,
The Beetle Plant.
Rice unprepared.
Falle Accufation.
I of a Day, or Six Hours*
A bitter Drug.
A White Stone, Chryflal.
A Guard to accompany a Priibner at large.
One of the Three Inferior Modes of Marriage.
One of the Five Superior Modes of Marriage.
Perajldihut^
( <9 )
Perafhchuty
Perberja-befheet,
Perkemukka,
Penanek Neeay,
Pertubbijh Gunden^
Peru/?,
Phaiigoorty
Plafs,
Poojeh,
Poojeh Serjlouttee,
Pooran,
Poojhtee-kernty
Pco/hteb-bundee,
Poojkidy
Pootee,
Pllly
Pun,
Pundit,
Punjeet,
Puntubbee- baden,
Purrkkhayy
Expiation, Recovery.
A Sinajfee made a Slave for Apoftacy,
A Species of petty Offences.
Appeal to a former Decifion.
Acknowledgment of a Claim without Ability to pay it,
A fmall Weight or Meafure.
One of the Bengal Months, anfwering to Part of Fe-
bruary and March.
The Name of a Tree.
Worfhip.
Worihip to SerJJjuttee, who is the Goddefs of Letters.
One of the Gen too Scriptures upon Hiftory.
Prayers for Health and Profperity.
Embankments of Rivers.
A fmall Weight or Meafure.
A Book, or Compilation.
A fmall Weight or Meafure.
Twenty Gundaes of Cowries.
A learned Bramin.
A Slave who has loft his Liberty, as a S:ake at fome
Game.
A Salute or Reverence paid by aBride to theBridegroom.
Aflay of Metals.
PioT.'kcb,
Purrikcb.
( 20 )
Trial by Ordeal,
Rajah.
Rakbus,
Roy,
Rozidus-hareh,
Ryot*
R
A Hindoo Prince or Monarch.
One of the Three Inferior Modes of Marriage.
A Hindoo Prince.
Certain Holidays in the Month A/fen, in which Period
the pompous Worlhip and Burial of the Hindoo
Deities are celebrated.
A Tenant, a Subjeft.
Sadhehy
Sagb,
Santee-kerm,
Saul,
Scboos,
Seekbauberdeheti
Seemul,
Sejjab,
Certain Food and Treatment for Women in the la ft
State of Pregnancy.
Vegetables, Greens,
Extraordinary Prayers upon any Calamity.
A large Timber Tree.
Bran.
Intereft to be paid daily.
A Species of Cotton.
A fenced Terras.
Ser,
( 21 )
Ser,
Serddeh,
Serddeh Amawus,
Serddeh aperpukhy
Seradeh Buzurgzvdi'y
Seradeh- nowann,
Serwutteree,
Sefdmum,
-Sewarree^
Sbiigbur,
Shahefb.
Shait>
Stallee,
Shanfcrity
Shajiery
Shebbi Deijore,
Shebbi Fareckee,
Sbeerte-e,
Shemabhee,
Shepaky
Shijby
An Herb.
Feafts in Honour of the Dead.
A Feftival at the End of every Mcmh.
A preparatory Feftival to the Rozidus-bareh.
A Feftival of deceafed Anceftors.
An Offering made once a Year in the Month Azbun
A Brarnin learned in the Beids.
Muftard.
All necefTary travelling Equipage, the Suit of a Perfon
of Diftinction, Sec.
A Deity of the Gentoos.
Violence.
Bridges or Embankments of Rivers.
Rice unprepared , the fame as Vaddce.
The Language of the Gentoo Scriptures.
The Gentoo Scriptures in general.
Nights whereon the Moon does not appear.
The fame as Shebbi Deijore.
A certain Part of the Gentoo Scriptures, containing
the Legiflation of the Hindoos.
Games of righting Animals, &c.
A Son of a Kehta and a IVokree.
A Student in Divinity and Science.
F S bumper tee-putt.
( 22
\
Sbumper tee-put '/,
Sbuhkeree kurrun,
Sinaffee,
Sooder,
Sooradbu*
Sumooder,
Sungferfut-beb,
Sunkba,
Sunmidy
Confeffion, Acknowledgment.
A Species of petty Crimes.
A Bramin under Vows of Pilgrimage.
The Fourth or loweft original Tribe of Gentoos.
A Mark of Infamy, to be branded in the Forehead
of a Bramin, for drinking Wine.
T he Sea or main Ocean.
The Connexion of a Family formed after the Firft
Separation.
A Sea Shell, commonly called Cbank.
A Title Deed, a Grant.
7'agur,
tferkarree,
Tokerie,
Tokcbeb,
T'urby
<Turre?j,
Tver,
The domeftick Idol of Gentoo Adoration.
The Species of Gourds.
A Bafket.
A Weight, containingTenM?/fo/fo of Silver and Twelve
of Gold.
Radifhes.
Vegetables.
Sour Cream.
V Vakeel,
( 23 )
Vakeel^
An Attorney, or Agent.
W
Wohree%
The Daughter of a Chehteree, begotten upon a Sooder
Woman.
Zeearut,
Zukhom,
A confecrated Spot of Ground.
The Name of a Tree,
NAMES
( H )
NAME
O F T H E
HINDOO MONTHS,
With the correfponding Dates in the EngliJJj Months,
for the Bengal Year 1181, or the Engli/Ij Year 1774,
and Part of 1775.
Byfaac begins
the
nth April, 1774.
J&
1 2 th May.
Ajar
1 2th June.
Sdwun
14th July.
Bhadun
14th Auguft.
AJen
14th September.
Cautic
15th October.
Aghun
14th November.
Poos
13th December.
Maug
nth January, 1775.
Phaiigoon
joth February.
Cheyt
1 2th March, ending the 30th, with the 10th April.
NAMES
( 25 )
AMES of AUTHORS,
Quoted in this Compilation.
Beeba-dur Tunnagurkar
Bheb-deeb Bhet
Chendeefur
Gerheifur
Gobind Raje
Helayoodeh
Hurree Hur
Teimoot Bahun-
Jogue Logue
Kulp-teroo
Lukk.ee Deher
Meidhab-teetee
Pachefhputtee Mifr
Palook
Parreejaut
Perkafhkar
Phakooree
Sewarteh Behtacharige
Shertee Shar
Sirree Kiflien Terkllungkar
Sirree Kerracharige
Sool Panee
G A LIST
< s6 )
A Lj I o 1
OF THE
B
From whence this P O O T E E was compiled, ranked in
the Order of their feveral Dates, as nearly as could be
afcertainjed.
Munnoo,
Written by Munnoo. — A general Treatife.
Jaike-bulk,
Written by Jaike bulk. — A general Treatife.
Kirte Kulp-teroo,
Written by Lukkee Deher. — A general Treatife.
areejat,
-Written by Muddun J- * areejat. — A general Treatife.
Bebadrutnakur,
ritten by Chendeefur. — A general Treatife,
Bebad
( 2 7 )
Bebad Chcntamimnec,
Written by Padhjhfuttce Mifr. — A general Trearii?.
Nect Chentamunnee,
Written by Pacheftfuttec Mifr, — Upon the Duties of the Magistrate,
Dherum Ruttcn,
Written by Jeimoot Bahun,— Upon Inheritable Property.
Bu bhar Matcreeka,
Written by Jeimoot Babun.— Upon Juftice.
Bubhar-tdlook,
Written by Bkeb-deeb Bhet, — Upon Juftice,
Deep Kateekau,
Written by Sool Panee.—A general Treatife,
Munooteeka,
Written by Moolook Bha. — A general Treatife,
Daie-tutt Unt,
Written by Acbdrige Chocramttnme. — Upon Inheritable Property.
Jaike- bulke-teeka.
Written by Beijkroop.—A general Treatife.
Perafhchut Bebeik,
Written by Sod Pdnee. — Upon Retaliation.
Mirtekhcr%
i 28 >
Mirtekhera,
Written by Mirtekhera Kdr. — A general Treatife,
Daie Tutt,
Written by Sewarteh Behtacharige. — Upon Inheritable Property..
Bubhar Tutt,
Written by Sewarteh Behtacharige. — Upon Juftice,;
Dayadhe-karee-kerm Shungerahy
Written by Sirree Ki/hen Terkahngkar. — Upon Inheritable Property*.
Dhernm Rutten-teeka,
Written by Sirree KiJJoen Terkalungkar. — Upon Inheritable Property,
r Contents
( *9 )
Contents of the Chapters*
CHAP. I,
Of Lending and Borrowing.
Sea. L Of InterefL
Sed. II. Of Pledges,
Sea, III. Of Securities.
Sea. IV, Of Difcharging Debts to whomfoever due.
Sea. V. Of the Method of Recovering Debts.
CHAP. II.
Of the Divifion of Inheritable Property.
Sea. I. Of Inheritance from a Father, a Grandfather, a Great-
Grandfather, and fuch Kind of Relations.
H Sea.
( jo )
II. Of Dividing the Property of a Eerherncharry, a Sinafleej.
and a BanperClft.
Seel. III. Of a Woman's Property,.
Sect. IV. Of the Inheritance of a Woman's Property-;.
Sect. V. Of Perfons incapable of Inheritance.
Sect. VI. Of Property liable to Divifion.
Sect. VIP. Of Dividing Property earned by the Profeflion of any Arc
or Science.
Sect. VIII. Of Dividing Property earned by a Man's Sons..
Sect. IX. Of Poffeffions indivifible.
Sect. X, Of a Father's Dividing among his Sons the Property earned
by himfelf.
Seel. XI. Qf a Father's Dividing among his Sons the Property left by/
his Father and Grandfather.
Sect. XII. Of Sons Dividing the Property left by their Father.
Sect. XIII. Of Dividing the Joint Stock of Perfons, who agree to live-
together, after original D;fperfion and Separation of the-
Family.
Sect. XIV. Of a Partner's receiving his Share of the Joint Stock, after -
a long Space of Time hath elapied; alio of the Inheri-
tance of the Sons of aWoman of the Sooder. Cart,, by Two-
different Hufbands; and alio of adopted Sons.
Sect. XV. Of Dividing concealed. Effects, and of rectifying unequal
Divifions •, and of the Modes of fettling the difputed'
Shares of Partners.
Sect.
( 3* )
Se<ft. XVI. Of Acquiring Right of Pofieflion in the Property of another,
by Ufufrud.
C H A P. III.
Of Jujlice.
S«£tr I. Of the Forms of adminiftering Juftice.
Sect. II. Of Appointing a Vakeel or Attorney.
Seel.. III. Of not apprehending an accufed Party.
Sect. IV. Of Giving an immediate Aniwer to a Complaint.
Sect. V. Of Plea and Anfwer.
Sect. VI. Of Two Sorts of Anfwers, Proper and Improper..
Sect. VII. Of Evidence.
Sect. VIII. Of Proper and Improper Evidence.
Sect. IX. Of the Modes of examining Witnefles.
Sect. X. Of AppointingArbitrators more than once ; and of the Mode
of drawing up the Statement of a Caufe.
Sect. XI. Of Giving Preference to a Claim.
chap;
( 3* )
CHAP. IV.
Of Truji or Depoftt.
CHAP. V.
Of Selling a Stranger s Property*
CHAP. VI.
Of Shares.
St£k. I. Of Shares of Trade in Partnerfhip.
Sect. II. Of Shares of Artificers.
CHAP.
( 33 )
CHAP. VII,
Of Gift.
CHAP. VIII,
Of Servitude.
Sect. I. Of Appellations of Apprentices, Servants, Staves, &c.
Sect. II. Of the Modes of enfranchifing Slaves.
Sea. III. Of fuch as are Slaves, and of fuch as are not Slaves.
CHAP. IX.
Of Images.
"Sect. I. Of the Wages of Servant?.
•Sect. II. Of the Wages, of dancing Women or Proftimtes.
I CHAP,
( 34 )
CHAP. X.
Of Rent and Hire.
CHAP. XL
Of Purchafe and Sale.
Seel. I. Of the Venders not delivering up to the Purchafer the Com-
modity fold, and of the Magiftrates caufing him to deliver it.
Sec~h II. Of Returning or not Returning Articles purchafed.
CHAP. XII.
Of Boundaries and Limits.
CHAP.
( 35 )
CHAP, XIIL
Of Shares in the Cultivation of Lands,
CHAP. XIV.
Of Cities and Towns, and of the Fines for Damaging a Crop*
CHAP. XV.
Of Scandalous and Bitter Exprejfions.
Se&. I. Of the Denominations of the Crime,
Se#. IL Of the Punifhment.
CHAP,
< 36 )
CHAP. XVI.
Of AJfaulu
Se6t. I. Of Affault, and of Preparation to affault.
Se&. II. Of Cafes where no Fine is taken.
Sett. III. Of the Fines for the Death of Animals.
CHAR XVII.
Of Theft.
Se£t. I. Of Theft open and concealed.
Se<ft. II. Of the Fines for open Theft..
Se£t. III. Of the Fines for concealed Theft.
Seel:. IV. Of Apprehending Thieves.
Seel. V. Of thofc Perfons who are to be confidered as Thieves.
Sect. VI. Of the Chokeydars being unanfwerable for Stolen Goods.
CHAP,
( Zl )
CHAP. XVIII.
Of Violence.
G H A P. XIX.
Of Adultery,
Seel. I. Of the feveral Species of Adultery.
Seel:. II. Of the Fines for the feveral Species of Adultery.
Seel. III. Of the Fines for Adultery.
Seel. IV. Of Adultery with an unmarried Girl.
Seel, V, Of Thruftins; a Finger into the Pudendum of an unmarriedGirl.
Seel. VI. Of Stealing away an unmarried Girl.
.Seel. VII. Of Adultery with a Woman of bad Characler, or a common
Proftitute.
Seel, VIII. Of the carnal Conjunclion of a Man with any other Animal.
K CHAP.
845^7
( 38 )
CHAP. XX.
Of what concerns Women.
CHAP. XXI.
Of Sundry Articles*
Sect. I. Of Gaming.
Sett. II. Of Finding any Thing that was loft.
Sect. III. Of the Fines for cutting Trees.
Sect. IV. Of the Tax upon buying and felling Goods.
Seel:. V. Of the Quarrels between a Father and Son.
Seel:. VI. Of Serving unclean Victuals.
Seel. VII. Of the Punifhment to be inflicted on a Seeder for reading the
Beids.
Sect. VIII. Of the Properties of Punifhment.
Sect. IX. Of Adoption.
Sect. X. Of Sundries.
PREFACE,
o
9 )
PREFACE.
Account of the Creation,
THE Principle of Truth, having firfl formed the Earth, and the Heavens,
and the Water, and the Fire, and the Air, produced a Being, called
Burmha, the Dcwtah, for the Creation of all Beings (Dewtcih is that to which
all offer their Worfhip) afterwards he created the Bramin from his Mouth,
the Chehteree from his Arms, the Bice from his Thighs, and Seeder from his
Feet : And he ordered Burmha to complete the other Creations, and to fettle
the feveral Employments refpectively of the Braynin, the Chehteree, the Bice, and
the Sooder, that he had created ; and he committed the Government of all Beings
to Burmha, — Burmha, according to Order, produced in the World Mankind, and
Beads innumerable, and Birds, and Vegetables, and all inanimate Things, and
Serpents of all Kinds and Varieties, and Piety, and Morality, and Juftice, and
Continence, and Luft, and Anger, and Avarice, and Folly, and Arrogance,
and Drunkennefs. And whereas the Bramin proceeded from the Mouth of the
Principle of Truth, for this Reafon Flis Rank is the molt eminent; the Cheh-
teree fprung from his Arms, his Rank therefore is Second; the Origin of the
Bice is from the Thighs, and his Rank is the Third in Eminence; and the
Socder, who fprung from the Feet, is therefore the leafl in Degree of them all.
Burmha firft fettled the Occupation of each of thefe Four Tribes-, as that the
Occupation of the Bramin mould be to read the Beids, and other Shajler, and
( 40 )
to teach the Sbafter, and to perform the Jugg and Worfhip ; and to caufe the
Performance of the Pccjeh, i. e. the Worfhip to Dewtah> and of the Jugg by
others; and to perform and to accept the Daw (an Explanation of theTerms Jugg
and Dan is to be found in the Chapter of Inheritable Properly :) Among thefe
Occupations already defcribed, Three are for their Subfiftence and Support;
and Three for the Exercife of Piety, as for Inftance, to caufe the Perform-
ance of the Pocjeb and Jugg of others.; and to inftruct Pupils, from whom fome
Premium is received \ and to accept the Dan: Thefe Three Occupations are to
be the Source of Subfiftence to the B>'amin\ and the other Three Occupations
are for the Exercife of his Piety. The Occupations of the Chehteree are to learn
the Sciences, to perform the Pccjeh and Jugg, to perform thcDan, and, arming
himfelf with the Implements of War, to defend and fecure the Reyots; and for
his Subfiftence, the Chehteree fhall ferve in the Defence of the Reyots j the other
Three Occupations are for Exercifes of Piety to the Chehteree. To the Bice
alfo, it was enjoined to learn the Sciences, and to perform the Dan and the Jugg ;
,and befides this, to him was permitted Commerce, and the tending of Cattle,
and Agriculture; the Acquifition of Science, and the Performance of the
Dan and Jugg, are for the Advancement of his eternal Happinefs; and Com-
merce, and the tending of Cattle and Agriculture, are for his Livelihood. The
Tribe of Seeder fhall be Servants to the Bramin, the Chehteree, and the Bice.
If a Bramin cannot procure a Subfiftence by the Exercife of his own ap-
pointed Occupations, lie fhall earn a Livelihood by applying to the Occupa-
tions of the Chehteree: If alfo he fails to acquire a Subfiftence from the Oc-
cupations of the Chehteree, he fhall exercife thofe of the Bice; but of thofe Oc-
cupations, he ili-ill firft apply to the tending of Cattle, and to Commerce; if
from thefe alio, he cannot earn his Support, he fhall then betake himfelf to
Agriculture. If a Ere/ruin applies himfelf to Commerce, he frail not fell either
, or any Ankles ol S.veet, or of Bitter, or of Aftringem, or of Acid, or
Victuals
( 4* )
Victuals, or Stones, or Iron, or Animals, or Men, or Rtd Cotton Cloth, or Silk
Pieces, or Blankets, or other Species of the fame Kind made of Sheeps Wool,
or Camphire and other Aromaticks, or Honey, or Water, or Poifon, or Flefh,
or Milk, or Tyer (Soar Cream) or Ghee, or bitter Oil, or Sefamum, or the G\
Kofe (which is a particular Species of Grafs) or Bird^, or Wine, or Fifh, or
Wax; but the Sefamum, \f it be produced in Land belonging to the Bramin, he
may fell on the fame Day that it is cleared from the Hufk. The Cbebteree, if
he cannot fubfift by his own proper Occupations, mall exercife thofe of the
Bice; and if the Bice fails of a Subfiftence from his own Occupations, he mall
apply to thofe of the Sooder ; and if the Socder fails of a Livelihood, he (hill
apply to Painting, or to Needle- Work, or fome other fuch Employment : In
this Manner are their feveral Occupations divided and diftinguifhed from each
other. — For fome Period after the Creation of the World, there was neither
Magiftrate nor Punifhment ; and no Man committed Crimes, or exercifed In-
justice and Opprefiion upon his Fellow Creatures; and the Reycts were nourifhed
with Piety and Morality-, but, in procefs of Time, Luft and Anger, and Ava-
rice, and Folly, and Arrogance, and Drunkennefs, became fo predominant over
the feveral Members of Men, that with-holding them from Actions of Piety,
they became the Guides to all Wickednefs ; and Men employed themfelves in
all Occupations of Debauchery and Iniquity, and aflumed the Licentioufnefs
of eating Things forbidden them to eat, and of uttering Words forbidden
them to utter-, no Man regulated his Actions in conformity to the Beidt, nor
walked in any Path but that of Sin. When fuch Iniquities firfl began in the
World, Burmba having reflected within himfelf, and having written in the Sbajlcr
theMeans for thelmprovement of Mankind, and theBufinefs of the Magiftrate,
and the feveral Duties of the Bramin, the Cbebteree, the Bice, and the Socder, and
the Proportions of Punifhment to be inflicted onOffcnders by the Magiftrate, and
all other Affairs and Concerns, ifllied his Command to a Man named Beiroojd,
a Chehteree, to affume the Magistracy, and to protect the Reyots, and to punifh
the Guilty, according to the Ordinations of the Sbajfcr, to the end that Men
L might
( 4* )
might not have the Power of committing Injustice and Violence upon each other,
not confer nting to accept the Mngiftracy, left his Son Keiroot-man, and
himfelf fled into the Defarts, to pay his Adorations to the Principle of Truth:
In the lame Manner alfo Keiroct-man left Ids own Son, by Name Kerdum, and
himfelf took the Path of Adoration ; Kerdum alfo, leaving his own Son, by
Name Anting, hastened to the Way of Truth; Anung, the Son of Kerdum, be-
coming the Magistrate, for fome Time regulated his Actions in conformity to
the Sbajler: After vrhichNeit-mdn his Son took upon him the Magistracy and the
Government-, a Son was born to Neil-man, by Name Bern, in whom every Sign
of an inhuman Difpofkion plainly appeared; as for Instance, during his Child-
hood, at the Time of Play, he would bind the Children Hand and Foot, and
throw them into deep Rivers, and would break Mens Pitchers, and employ
himfelf in all fuch Kind of foolifh and unworthy Occupations ; the Reyots of
the Kingdom, defponding under his Injuftice and Oppreflion, came before his
Father, who was the Magistrate, and folicited Redrefs; the Father on hearing
this Account of the eternal Injustice and perpetual Innovations of his Son, and
not being able to restrain him, departed into the Defart: The Kingdom being
thus left without a Magistrate, the Bramins constituted Bern to the Magistracy:
This unworthy Perfon, thus becoming the Magistrate, ifTued a Proclamation
throughout his Kingdom, that no Man fhould perform the Jugg, or the Poojeh,
or any fuch Works of Piety; and that whoever executed Justice fhould receive
fevere Puniihment: Upon this Intelligence the Bramins went to him, and gave
him many Sermons of Advice, and many Lectures of Admonition, telling him,
" that the Duty of a Magiftrate was to caufe Exercifes of Piety to be performed
throughout his Kingdom; and that he who caufed any Obstruction or Opposi-
tion to Good Works would go to Gebenmtm ; and that if the Magistrate did not
protect and comfort the Reyots, it would be the Caufe of his Kingdom's De-
ftruction. If the Magistrate deferts the Exercife of Piety, Flow can it be. that
tbtReyots fhould employ themfclves in good Actions? In that Cafe, Men will take
the PoflcfTions and Wives of each other. A Kingdom with an unjust Magif-
trate,
( 43 )
trate, and a Kingdom without a Magiftrate, are fimilar to each other; and a
Kingdom where Works of Iniquity are practifed, and where the Pocjeb and
Worlhip are not performed, fuch a Kingdom is as if it were without a Magif-
trate ; as for Inftance, a Man of the Cbebteree Cad commits Adultery with a
Woman of the Bramin Caft, and a Bramin with a Woman of the Cbebteree; and
in the fameManner all theCafts unite with each other promifcuoufly; and from
the Conjunction of Two different Calls proceeds the Tribe of Burrun Sunker ;
and that there fnould be a Burrun Sunker is criminal; it is better therefore to
defifl from thefe impiousPractices." 2fc/«anfwered, " Thefe yourAdmonitions
are not profitable for me, neither do I approve of thefe Speeches-, let us fee,
fince the Tribe of Burrun Sunker is produced, what its Religion and Manners
muft be ; the Bramins afflicted and difgufted departed to their own Habitations ;
and that oppreffive Magiftrate, fending for a Woman of the Bramin Call, had
carnal Connexion with her, and from thence a Son was born; and in the fame
Manner, from the Conjunction of Men of one Tribe with Women of a differ-
ent Tribe, many Sons and manyDaughters came into Exiftence ; and from the
Connexion of a Man of the Bice with a Woman of the Socder Caff, the Child
that was born, his Tribe is called Kerrum or Koit; and from a Man of the
Bramin and a Woman of the Bice Caft fprung the Tribe of AmbuJJjt or Bade, and
Kundeb-beneik or Druggifts, and the Tribe of Kunkar or Artificers in Kafeb,
and Kafeb is a Mixture of Copper and Arzeez; and the Tribe of Sunkabkar or
Artificers in Sunkah (or Sea Shells) and the Women wore Sunkbab upon their
Hands ; thefe Four Tribes were produced : And from a Man of the Cbeb-
teree and a Woman of the Socder Caft fprung the Tribe ofOkerce, and the Tribe
of Hejam (Barbers) and the Tribe of Moduck, i. e. Sellers of Candy, were de-
rived; and from a Man of the Sooder and a Woman of the Cbebteree Caft fprung
the Tribe of Koinbebkar, i. e. Kelcd or Potters, and the Tribe ofTunterba, i. e.
Weavers, and theTribe ofGbermkar, i.e. Smiths, and theTribe oiDojl; and from
a Man of the Bice and a Woman of the Cbebteree Caft are derived the Tribe of
Mdgdeby i. e. Fortune- Tellers, and the Tribe of Koo$\ and from a Man of the
Bramin
( 44- )
Braynin and a Woman of the Sooder Caft is fprung the Tribe of Barjebee, i. c.
Berree-, and from a Man of the Chehteree and a Woman of the Bramin Call the
Tribe of Soot and Malabar, i. e. Sellers of Flowers; and from a Man of the
Bice and a Woman of the Scoder Caft fprung the Tribe ofTazvIeek or Tiilee, and
Tumboclee (Panfcllers.) Thefe Tribes are of the Firft Rank among the Tribes
of the Burrun Stinker,
From a Man of the Kerrun and a Woman of the Bice Caft fprung the Tribe
of Tukkehyab, i. e. Carpenters, and the Tribe of Rujuk, or Warners ; and from
a Man of the Ambujbt and a Woman of the Bice Caft the Tribes of Sherrunkar,
•or Goldimiths, and of Shoberun-benclk, or Soonar Buneeah\ and from a Man
of the Koop and a Woman of the Bice Caft were derived the Tribes of Teilkiir,
i. e. Sellers of Oil, and of Abheir; and from a Man of theKoop and a Woman
of the Sooder Caft fprung the Tribe of Dheiber or Julya, and the Tribe of
Shoondruk or Soondrie; and from a Man of the Malakar and a Woman of the
Seeder Caft fprung the Tribe of Natt or Dancers, and the Tribe of Sbaruk;
and from a Man of the Magdeh and a Woman of the Sooder Caft arofe the
Tribes of Seeker and Jaleik. Thefe Tribes bear the middle Rank of the Tribes
of the Burrun Sunker.
From a Man of the Goldfmith and a Woman of the Ambuflot Caft fprung
the Tribe of Mulukerrhee-, and from a Man of the Shoberunbeneik and aWoman
of the Bade Caft fprung the Tribe of Koorooba; and from a Man of the Sooder
and a Woman of the Bramin Caft was derived the Tribe of Chendul; and from
a Man of the Abkeir and a Woman of the Koop Caft fprung the Tribe of Berocr-,
and from a Man of the Abheir and a Woman of the Bice Caft was propagated
the Tribe of Tukkeb, and Chcrmkar, i.e. Shoemakers; and from a Man of the
Rujuk and a Woman of the Bice Caft fprung the Tribe of Kcht Jeibcnee, i. e. the
Tribe of Putnee; and from a Man of the Caft of Oil-Seller and a Woman of
the Bice Caft came the Tribe of Dooba-babee -} and from a Man of the Dheiber and
a Woman
'( 45 )
a Woman of the Seeder Cad arofc the Tribe of Mull. Thefe Tribes are of the
laft Rank among the Tribes of the Burrun Stinker,
D
Keroor is the Name of a Bird. Keroor, having brought a Man from Shakud
Deep, call him down upon Jumboo Deep, i. e. this World ; that Tribe is called
Demi j and there are Seven Deep, viz.
Jumbco Deep,
Pulkhoo Deep,
Shoolmeloo Deep,
Koojhud Deep,
Kerconchud Deep,
■Shakud Deep,
PoQJhkemd Deep.
The Explanation of Deep is this : Deep fignifies Land; and on every Side
of each Deep is the Sumooder, or Main Ocean ; and the Length and Breadth of
this Deep, which is called Jumboo, is One Hundred Thoufand of Joojun, or
Four Hundred Thoufand Cofi ; and the Length and Breadth of the Second
Deep, is twice as much as that of this Dap -, and that of the Third Deep, Four
Times as much ; and that of the Fourth, Eight Times as much ; and that of
the Fifth, Sixteen Times as much -, and that of the Sixth, Thirty-two Times
•as much •, and that of the Seventh, Sixty-four Times as much. And from a
Man of the Deiool, and a Woman of the Bice Caft was derived the Tribe of
Gung, or Aftronomers, and the Tribe of Baduk, i. e. the Tribe of Bailee, and
■the Tribe of Poolund, and the Tribe of Powukkujh, and the Tribe of Kehfli, and
the Tribe of Jebun, and the Tribe of Sbookeb, and fuch Kind of Tribes, called
Miduchj Muluch are fuch Tribes as eat forbidden Food, and to whom per-
mitted and forbidden Meats are equal : Thefe fprung from the Members of
the tyrannick Bein.
M The
( 46 )
The Bramins, upon Intelligence of all this, execrating the opprefilve Magis-
trate with internal Hatred, put him to Death : When the Kingdom was thus
without a Magiftrate, the Bramins rubbed his two Hands, and from his Right-
Hand produced a Son, by Name Pert-hoo, armed and drefifed in the Arms and
Habiliments of War, and well fkilled in the Science of War, and a Pundit in the
Sbafter, and in Form and Shape like to the Dewtab', and from his Left-Hand
they raifed a Daughter, and this Daughter they married to Pert-hoo, and railed
him to the Magiftraeyj and Pert-hoo was very juft, and protected his Subjects,
and carefTed the peaceable, and punifhed the opprefilve, and behaved withRefpect
end Regard towards the Bramins, and employed himfelf laudably in all fuch
Kind of good Actions, in conformity to the Shaft er : Then all the People,
both great and mean, were employed in Works of Piety, and the Kingdom
enjoyed Comfort and Tranquillity. The Bramins, having expreffed their Praifes
and Approbation, took their leave. Pert-hoo, fulfilling the Offices of Fidelity
and good Intention, governed the Kingdom with Juflice and Equity- but his
Mind remained embarrafied and uneafy •, wherefore he fumrnoned the Bramifif,
and inquired of them, faying, '* I cxercHe the Magiilracy, and protect the
Reyots, according to th^ Shafter •, tell me therefore, What is the Caufe that my
Mind is difturbed, and why are the Rcyots of the Kingdom in Poverty ?**
The Bramins anfwered, " Your Father carried Injuftice and Works of Iniquity
to the lad Extremity; infomuch that the Tribes of Burrun Sunker originate
from him: And whereas he would liften to none of the Cautions that were
given him ; from the Enormity of his Crimes, the Kingdom is become ripe
for Difobedience ; on this Account, the Fruits of the Earth are produced in
Ids ['Itnty, and the Reyots alio are ftricken with Poverty ; and this likewifs
is the Caufe of the Vexations of your noble Difpofition." Pert hoo, on hear-
ing this Accounr, laid to the Bramins, " Now, therefore, How fhall I act, and
what Remedy can I apply to this ? Shall I put the Tribes of Burrun Sunker
to Death ? Tell me what is moft advifable." The Bramins, upon Con-
futation,
r 4-7 )
fultation, and mutual Confent among themfelves, replied, " The Tribes of
Burrun Sunker, fuch as they now are, let them remain : And be it cautioufly
obferved, and provided for, that, exclufive of theft*, no other new Tribes of
Burrun Sunker may be produced. It is not right to put thefe to Death •, but
you muft appoint them their feveral Occupations, and direct them to the
Exercife of Piety ; neither fhall they be dilobedient to your Commands :
Whofoever controverts your Orders fhall be accounted criminal, and
worthy of. Death : Act therefore as your Underftanding directs." This
juft Magiftrate therefore fummoned all the Tribes of Burrun Sunker before
him, and faid to them, " Wherefore are your Forms fo vile ; your Bodies fo>
emaciated and difgufting ; your Cloaths fo inconvenient, fo coarfe and fo
ragged?" They anfwered, " What Manner of Speech is this ? Our Forms
are the fartheft from vile ; and our Drefs is elegant ; and our Bodies are plump
and healthy : Are you not poffeffed of Sight ? Our Origin is from the Prac-
tices of your Father ; Burmka, is not of fuperior Rank to us." The Bramins,
who were in the Magiftrate's Prefence, fmiled at thefe Expreflions-, but the
juft Magiftrate was incenfed at the Speeches of thefe diforderly Wretches •, and
the Servants, according to his Order, bound and beat them. The Tribes of
Burrun Sunker, now reduced to Extremity, fought for Pity, and implored
Pardon for their Offences, faying, " We will be obedient to your Commands ;
act therefore as to you fhall feem moft proper, to change our vile and wretch-
ed Appearance to Neatnefs and Elegance : Appoint us alfo our Occupations -y
and fettle our Burrun, or Peculiarity, and Property of Tribes." Pert-hco, upon
this, addreffed himfelf to the Bramins, faying, "You are Pundits, arid learned
and wife j cenftitute therefore to each of thefe, according to their feveral Abi-
lities, an Occupation and a Tribe." In Obedience to the Order of this juft
Magiftrate, the Bramins faid to them, " You are of the Calls of Sootier ; let
each Perfon among you declare what Employment he is willing to exercife,"
On hearing this, the Tribe of Kerrun firft ftepped forth, and addrciTed them,
-faying, u We are altogether ignorant and foolifli ; what Petition can we
make.
( 4* )
make in this Cafe ? But you, who are Pundits, make proper Investigation, and
fettle accordingly." The Bramins then made known to thejuft Magiftrate, that
♦* This Pcrfon will become of foundUnderftanding, and of laudable Principles;
he has fpoken with great Propriety. This Tribe fhall perform the Service of
theMagiftrate, and fhall have due Faith in the Bramins, and in the Dewtah; and
of the Seeder Cafts this Tribe fhall be the Firft in Rank." The Bramim then
faid to Kernm, " Do you exercife the Profeflion of Writing and Reading; and
£nd Employment in the Service of the Magi Urate." Next flood up the Tribe
of Ambufit, to whom was given the Shajier of Phyfick. Afterwards came
Kundehbeneik^to him was allotted the Occupation of Druggift. Then appeared
the Tribe of Kunkur, to him it was allotted to makeVefTels of Brafs, and Kafeh,
and Copper, and all fuch Kind of Things. Next appeared the Tribe of
JStmkebkaf, to whom it was given to work in Sunkhu or Sea Shells. Afterwards
came the Tribe of Ooker.ee, to ham was allotted the Occupation of War. Then
the Tribe ofHejam, to whom Hejamut or the Profeflion of Barber was configned.
Next came the Tribe of Moduk, into his Hands was put the Preparation of
Confectionary. After thofe the Tribe of Koombehkar, to whom was appointed
the Bufinefs of making eanhen VefTels. Then came the Tribe of Tunterbu, to
weave Cloch became his Occupation. Next appeared Gbermkar, the Formation
of all Inflruments of Iron became his Employment. After that came the Tribe
of Magdeb, to whom the Bramim faid, " Do you make War your.Occupation."
They anfwercd, " We are not able to follow the Employment of War ; except
this, order us whatever Occupation you choofe." The Bramim returned Anfwer,
41 You fhall then difplay the Characters and good Qualities of the People,
and mail write the fame, and carry it about from Kingdom to Kingdom, and
give Intelligence ; Defcription fhall be your Employment." Then came the
Tribe oi'Kocp, his Employment was appointed to take care ofAccompt Books.
Afterwards came the Tr.be of Berree, to whom it was allotted to raife the Pdan
cr B.ttle Plant. Afterwards appeared the Tribe of Rufibct, the Care of Horfes
became
( 49 )
became his Employ. Next flood forth the Tribe of Malakar, to fell Flow
became his Occupation. Then came the Tribe of Vawleek, to fell the Beetle-
Nut became his Employ. Afterwards appeared the Tribe of Twnboolee, his
Occupation it became to fell the Beetle Plant. Then came the Tribe of
Tukkehyah, to him it was allotted to cutWood and to fplitTin.ber, and to prepare
all Manner of Articles in Wood. Next came the Tribe of Rujuk, to him was
appointed the Employment of Sewing Cloaths. Then came the Tribe of Sher-
r««&7r,tohimwas given to make Jewellery. Next appeared theTribe of Shooberun-
beneik, to him was allotted the Occupation of Perrikhaye* or Trial of Gold and
Silver. Then came the Tribe of Teilktir, to whom it was given to make and to
fell Oil. Afterwards appeared theTribe of Dheiber, who fe Occupation it became
-to catch Fifh. Then the Tribe of Ay///, whole Occupation it became to dance.
Afterwards the Tribe of Chendal appeared, the Occupation of feeding Dogs and
Afles was given to it-, and its Habitation mall be without theTown, and it mail
take the Cloaths of dead Perform, and (hall caft out the Bodies of fuch as die
without Heirs -, and whomfoever the Magiftratc orders to be put to Death, this
Tribe fhall put the condemned Perfon to Death accordingly. Next came the
Tribe of Chermkar, working in Leather was appointed for its Occupation.
Next came the Tribe of Nujoomee, the Jooteefe or Shaft er of Aftronomy was given
to it for an Employ. Then ftood up the Tribe of Baduk, Drum-beating, and
Playing on otherMufical Inftruments, was given to it for an Occupation. Next
came the Tribe of Powukkujh, to him was given the Employment of (laying wild
Beads.
All this preceding Explanation is to make manifeft the Reafon of the fir(l
Inftitution of the Shajier, and the Caufe of the Superiority of one Tribe over
another.
The feveral Indian Words, which are adopted in this Account of the Creation,
except the Appellations of the Tribes of the Eurrun Sunker> are all explained in
•the different Chapters and Sections where they occur.
N Account
( so )
Account of the Qualities requijite for a Magiftrate, and of
his Employment.
PROVIDENCE created the Magistrate for the Guardianfhip of all.
The Magiftrate muft not be confidered as a mere Man ; even in the Cafe of
the Magiftrate being a Child, he mult {till be looked upon in the Light of the
Dezvtab; in Truth, the Magiftrate is the Dezvtah in a human Form, born in this
World: The Magiftrate muft never be held low and contemptible-, if anyPerfon
conceives the Magiftrate to be mean and abject, fuch Perfon the Magiftrate
deftroys, together with all his Effects and Property j and to whomfoever the
Magiftrate behaves with Refpect and Kindnefs, fuch Perfon's Effects and Pro-
perty become extenfive-, and againft whomfoever he is enraged, that Perfon
dies-, and whoever vilifies and abufes the Magiftrate fports with his own Life.
Providence created Punifhment for the Prefervation of the Magiftracy ; if the
Magiftrate inflicts Punifhment according to theSkifier, his Subjects are obedient
to his Commands-, if he omits to punifh according to the Shafter> his Kingdom
and his Property become ruined and defolate.
For Four Months the Magiftrate fhall not collect Tribute from the Sub-
jects, but ihall give them free Agency; and endeavour, by promoting their Sa-
tisfaction and Content, to caufe them to cultivate and improve their Lands :
During the remainingEight Months, he fhall collect the fettled yearlyTribute -,
and fhall appoint Hircarrahs and Spies through his Kingdom, to inlpect what
Employment each Perfon purfues, and if Tranquillity is preferved-, and when
Men are guilty of Crimes, lie fhall caufe them to be feized; and, becoming as
inexorable as the Kingdom of Death, fhall inflict Punifhment on them : Such
-good Works let the Magiftrate practife; and let him addrefs the People in kind
and affectionate Terms, that they may all be contented and thankful under him ;
and
( t« )
and let him be fo formidable, that his Enemy may not be able to come into
his Prefencej let him alfo be patient and forbearing, and fupport the Burthens
of all his People.
The Magiftrate mail caufe to be made for himfelf a round Chat -her, orUm-
brella of the Feathers of the Bird £.«/, or of Peacocks Feathers.
Whoever is of laudable Principles and acute Judgment, and of good
Actions, and of right Opinions, and a Man of Rank, and of Courage, and a
Commender of what is laudable, and with whom the Reyots are contented, and
who is defcended from a Father and Anceftors, who were Counfellors to the
Magiftrate, of fuch Perfons the Magiftrate fhall conftitute Seven or Eight
Counfellors to himfelf.
Whoever has Memory to retain what he hears, and who fpeaks fo intelli-
gibly that no Doubt of his Meaning arifes in his Audience, and who is a Man
of good Actions, and not of profligate Habits, and who keep3 in Subjection
his Luft, his Anger, his Avarice, his Folly, his Drunkennefs, and his Pride,
and is a Man well inftructed in Science, fuch Perfon the Mjgiftrate fhall con-
ftitute his Leekhuk or Moonjhi, and Writer.
Whoever is of laudable Principles, and very capable in all the Shaffer, and
in Bufmefs, and who can underftand the Meaning of a Nod or a Sign, and who
can difcern from the Motion of the Magiftrate's Lips, or the Afpect of his
Countenance, the Magiftrate's Pleafure or Difpleafure, and who is refpectable
before all others, and who can well finifh whatever Bufmefs he goes upon, and
who can retain any Speech that he hears, and who is not governed by Luff,
or Anger, or Avarice, or Folly, or Drunkennefs, or Pride, and who is ac-
quainted with the different Circumftances of all Kingdoms, and can diftinguifli
proper from improper Seafons, and who is a Man of Strength, of Courage, and
a ilueat
( 52 )
a fluent Speaker, Rich Perfon the Magiftrate fha'll appoint his Boot, i. e. his
Agent and Uircarrah.
The Magiftrate fhall ered a flrong Fort in the Place where he choofes to
refide; and fhall build aWall on all the Four Sides of theFort,withTowers and
Battlements-, and fhall make a full Ditch on all the Four Sides thereof, and ihall
haveWatcr near it, that, at the Time of Necefiity, when the Water fails in all
the Nullahs, the Ditch may be completely full; and he fhall plant Trees
within the Fort, and he fhall have within the Fort many Troops of Horfe and
Foot to guard the fame, and great Store of Arms, and much Money, and
many Things of all Kinds; and Store of Victuals and Drink, and Horfes, and
"Elephants, and Camels, and Cattle, and all Beafts of Burthen in great Plenty;
and he fhall keep there great Stores of Hay; and many Br amins, andPainters, and
Smiths, and all ether Kind of Artificers ; and all Sorts ofMufical Inflruments
alfo fhall be kept within the Fort; and he fhall caufe great Pools to be made:
It is to be underftood, that there fhould be Store of all Kinds of Things laid up
within the Fort, that there may never be the Complaint of a Want of anyThing.
The Magiftrate fhall keep in Subjection tohimfelf his Lull, Anger, Ava-
rice, Folly, Drunkennefs, and Pride : He who cannot keep thefe Pafllons under
his own Subjection, How fhall he be able to nourifh and protect the People ?
Neither ihall he be feduced by the Pleafures of the Chafe, nor be perpetually
addicted to Play ; nor muft he be always employed in dancing, finging, and
playing on Mufical Inflruments ; nor muft he fleep in the Day-time; nor fhall
he falfely accufe any Perfon ; nor fhall he always remain concealed in his
private Apartments ; nor practife the drinking of Wine ; nor fhall he go to
any Place without a Caufe ; and fhall not difpraife any Perfon without knowing
'his Faults ; nor fhall he caufe any Moleftation to Men of Worth ; nor fhall he
put any Perfon to Death by artful and deceitful Practices; nor fhall he take avay
the Property of any Perfon ; nor fhall he envy another Perfon's fuperior Merit ;
nor
f 53 )
nor fii.ill lie fiy, that fuch Perfblll as arc Men of Capacity itt Men of no
Capacity j nor fliall he abufe any Perfon ; and (hall not hold anyPcribn guilty,
without the CommifTion of a Crime.
To the good Man, the Magiftratc fliall give Effects and Money, and fhall
content and pleafe Children, and old Men, and Men inWant, and Men who are
worthy to perform Worfhip, by fpeaking kindly to them, and by giving them
Money ; and to fuch Perfons as feek Defence from him, he ihall mew Favour
and Comfort, and mall preferve them under the Shadow of his Protedtion,
and fliall not take Bribes from them ; and mall nourifli the Reyots of his King-
dom, according to the Ordinations of the Shafter ; and fliall inflict a proper
Punifliment upon his Enemies ; and (hall not cherifh any Refentment in his
Heart againft his Friends, but be of pure and clean Intentions-, and in all Cafes,
he fliall Ipare and exeufe the Bramins ; and if any Perfon, either his Superior or
his Equal, or his Inferior in Strength, comes to make war againft him, in the
Prefcnce of fuch Perfon, the Magiftrate mull not fail of Courage.
The Magiftrate fliall not make war with any deceitful Machine, or with
poifoned Weapons, or with Cannon and Guns, or any other Kind of Fire
Arms ; nor fliall he flay in War a Perfon born an Eunuch, nor any Perfon who,
putting his Hands together, fupplicates for Quarter, nor any Perfon who has
no Means of Efcape, nor any Man who is fitting down, nor any Perfon who
fays, " I am become of your Party," nor any Man who is afleep, nor any Man
who is naked, nor any Perfon who is not employed inWar, nor any Perfon who
is come to fee the Battle, nor any Perfon who is fighting with another, nor any
Perfon whofe Weapons are broken, nor any Perfon who is wounded, nor any Per-
fon who is fearful of the Fight, nor any Perfon who runs away from the Battle.
If a Man hath taken in a Battle any Carriage, or Elephants, or Horfes, or
Camels, or Kine, or Buffaloes, or Goats, or Sheep, or any fuch Kind of Beafts,
O or
( 54 )
or Paddee, or Wheat, or Barley, or Gram^ or Muftard Seed, or fuch Kinds of
Seed and Grain, or Umbrellas, or Cloaths, or Salt, or Sugar, he mall become
PofTefTorof them all; and if he hath taken, as a Prize, Gold or Silver, or Jewels,
or Lands, all fuch Things (hall belong to the Magiftrate.
The Magiftrate, at the Time of Battle, fhall receive, from his Hircarrahs
and Spies, Intelligence of the Adverfary, and of his own Party, and of what is
their immediate Employment •, if his Counfellors and other Men are difheart-
ened, then, by giving them Effects and Money, or by fpeaking kindly and com-
fortably to them, he fhall endeavour to raife their Spirits.
The Magiftrate fhall firft attempt with his Enemy Accommodations of
Peace, and (hall not at once prepare for War; if the Enemy does not make a
Ccmpofition, then, by difrurfing fome Money, he fhall fhew theWay to a Recon-
ciliation ; if the Enemy is difcontented with this alfo, he fhall fend to the adverfe
Party a Man of Intelligence, and well fkilled in Artifice, to infinuate himfelf
among the Enemy's Men, and make them diflatisfied with each other, that they
may quarrel and fight among themfelves, and fo be ruined; if the Affair fails
alfo of being compromifed by thefe Means, he mult then prepare for Battle.
Whenever the Army and the Implements of War are abundant, and the
Counfellors contented and unanimous, then let them go to the Battle.
Whenever the Counfellors and Troops are contented, and in Spirits, and
the Enemy has made but little Preparation, and the Troops and Counfellors
of the Enemy are diflatisfied, then let them go to the Battle.
W7hen the Enemy's Preparations are formidable, and your own Prepara-
tions are fcanty, then you muft divide your Army into Two Parts ; and, by
attaching the Enemy in Two Places, you fhall obtain the Victory.
When
( 55 )
When the Enemy is victorious, and yourfelf defeated, Protection mn ft be
fought from fuch Perfon as is of a right Judgment, and of a peaceable Difpo-
fition.
The Leader of the Army mail keep a cautious Watch on all Sides ; and on
whatever Side the Enemy approaches, he (hall on that Quarter go to Battle.
The Magiftrate, whatever Province he (hall conquer, and annex to his own
Authority, mail pay Worfhip to the Dew tab of that Country, and mail give
much Effects and Money to the Bramins of that Province, and mail mew Re-
fpect and Courtefy to Men of good Actions, and Kindnefs and Clemency to
the Subjects there, and mall appoint whomfoever there mail happen to be de-
fcended from the fame Grandfather with the Peribn whom he has conquered,
to the Magistracy of that Province.
The Magiftrate, while there yet remains Four Ghurrees of the Night, fhall
rife from Sleep, perform his Ablutions, and, in a proper Manner, pay the
Pcojeh to his Deity; after which, he fhall put on a choice Drefs, and valuable
Jewels; and, having firft performed due Obeifance, and refpectful Salutations
to the Dewtab, and to the Bramins, fhall feat hlmfelf upon the Mufnud (or
Throne) of the Magiftracy, and dilpatch the feveral Affairs of Government ;
and, in every Tranfaction, fhall act in conformity to the Sbafter.
The Magiftrate mill appoint fome one Perfon his Gcmaftah or Agent in
each Town ; and he fhall constitute a Perfon to Two Towns > and alfo an
Iktimamdar or Superintending Agent to Three Towns ; fo alio one Perfon to
Five Towns ; and one Perfon to Ten Towns ; and one Perfon to Twenty
Towns ; and one Perfon to One Hundred Towns ; and one Perfon Iktimamdar
to One Thoufand Towns. If any Affair mould happen in any Town, the
Comajlc.b
( s$ )
Gmaflah of that Town mall give Intelligence thereof to the Ihtimamdar of
Two Towns ; and the Ihtimamdar of Two Towns to the Ihtimamdar of Three
Towns ; and the Gomafiab of Three Towns to the Ihtimamdar of Five Towns ;
and the Ihtimamdar of Five Towns to the Ihtimamdar of Ten Towns ; and the
Ihtimamdar of Ten Towns to the Ihtimamdar of Twenty Towns ; and the
Ihtimamdar of Twenty Towns to the Lord of One Hundred Towns •, and the
Lord of One Hundred Towns to the Lord of One Thoufand Towns ; and
the Lord of One Thoufand Towns to the Supreme Mag;ftrate.
The Magiftrate, in the Month of Cheyt (Part of March and April) fhall
not let any Perfon drefs his Victuals in the Day-time; and mail, in different
Places, caufe Wells and Pools to be digged; and fhall plaifter the Houfes of the
Kingdom with Clay; and fhall call out the Heaps of Wood and Grafs from
the cultivated Country to the Wafte ; and fhall caufe the Wells and Pools that
are filled with Mud, and Briers, and Rubbifh, to be cleanfed ; and fhall not
permit any Perfon to light a Fire in the Day-time, except only that the
Bramins fhall perform the Jugg, and the Ironmongers and Goldfmiths, and
fuch Kinds of Artificers, may light a Fire in their own Work-Shops, for the
Performance of their Bufinefs; but they muft keep their Fire under the niceft
Caution : And, exclufive of thofe, if any other Perfon, during the Month of
Cheyt, kindles a Fire in the Day-time, the Magiftrate fhall hold him guilty ;
and he fhall be circumspect, that not a fingle Sign of Sharpers, and Men of
bad Principles, and fuch as cannot diftinguifh, between their own Good and
Kvil, and fuch as are born Eunuchs, and fuch as are accuftomed to be intox-
icated with Liquor, appear in his Kingdom : If fuch as thefe appear, he
fhall expel them out of his City, left by Chance they fet Fire to any Perfon's
Houfe.
The Magiftrate, having erected in his Kingdom fome Buildings of Strength
and Elegance, mall \ lace therein, with all Dignity and Refpect, Ten Bramins
learned
( 57 )
learned in the Beits of the Shajler, and in the Sbcertee of the Shajler (who are
alfo Men (killed in Works of Piety, and who employ themfelves in worthy
Aclions, and who are Men of Companion and Clemency, and of an exalted
Family, and acquainted with all Bufmefs, and who know the Excellencies
and the Blemifhes of each particular Caft) to infpect and control the Affairs
of the Kingdom, both religious and otherwife. If he cannot place therein
Ten Bramins, he mail place there Seven Perfons, or Five, or Three, or Two;
and whenever any Doubt arifes in the Magiftrate upon any Circumftance, he
fhall apply for a Solution thereof to thofe Bramins, who, coinciding in Senti-
ments, fhall give him an Anfwer, conformably to the Shaft er; according to
which, the Magiftrate fhall take his Meafures. If any Concern of the Reyots
fhould arife, they fhall requeft an Ordination from the Bramins-, and whatever
the Bramins order from the Infpection of the Shajler, to that the Reyots fhall
pay Obedience.
The Pundit Bramins, who are in the Magiftrate's Kingdom, mail perform
the Nut-ker?n, the Neemtuk-kerm, the Santee-kerm, and the Poofhtee-kerm, and fuch
otherWorks which are necefTary and proper, according to the Shajler, for the
Advantage of the Magiftrate, and of the Subject.
Nut-kerm is the daily Performance of the Worfhip to Dewtah, and of the
Jagg, and fuch other Works of Piety.
Neemtuk-kerm is the Performance of certain religious Acts, and of the Dan,
and of the Seradeh (or Feftivals of the Dead) and fuch other Works, during the
Time of the Eclipfes of the Sun and Moon.
Santee-kerm is the Performance of Worfhip to the Dewtah, during the
Time of a calamitous Seafon, or in a dry Year, or a Year of Famine, or when
P any
( 5§ )
any Peflilence happens in the Kingdom, for the Adverfation of fuch Misfoiv
tunes.
Pcojfjlee-kcrm is the Performance of Worfliip to the Dewtab, and of the Jugg%
for the ftrengthening of the Body, and for Increafe of Wealth.
The Chehteree, the Bice, and the Sooder, fliall be obedient to the Bramns; and
whatever Order the Bramins fliall iffue, conformably to the Sbqfier, the Magif-
trate fliall take his Meafures accordingly.
The Magiflrate, with all poffible Circumfpection, fliall nourifli the Four
l/rum; an Account of the Four Ifrum will be given in the Chapter of Jujlice.
Whoever hath forfaken the Principles of his own Call, the Magiflrate fhall
caufe him to return to the Duties of that Caflj if he will not return, he fhall
oblige him by Menaces.
In whatever Magiftrate's Kingdom the Braynins are unable to procure Food
and deaths, that Kingdom becomes defolate; in fuch Cafe, the Magiflrate
fhall mofl certainly appoint them Subfiflence and Cloathing.
Whomsoever the Magiflrate fliall retain as a Servant, he fliall appoint him
a Stipend proportion ably to his Occupation, that he may not be reduced to
Necefilty and Diftrefs.
The Magiflrate fliall keep the High-Road open and plain, that Men and
Cattle may have fufficient Room to pafs and repafs; and fliall place in fome
retired Situation his Store-Houfes, and Elephant Stalls, and Armories, and
Stables, and Barracks for the Soldiers.
The
( 59 )
The Magiftrate fhall keep many intelligent Phyficians, and Magicians (or
Men who cure by Spells) and Surgeons, i. e. Men {killed in Operations of
Surgery, and in applying Plaifters; and he fhall keep great Quantities of Medi-
cines, and of Oils of all Kinds in the Phyfick Shop ; and fhall retain in his Ser-
vice a great Number of Buffoons, or Parafites, and Jefters, and Dancers, and
Athleticks j and he fhall render all his Servants, both Counfellars and other
tendants, contented and grateful.
If the Magiftrate cannot punifh Robbers and Night Murderers, and is
unable, by apprehending the Thief, to reftore Effects ftolen from any Perfon,
then he fhall give to that Perfon, from his own Store-Houfes, the Value of the
Thing fo ftolen.
Such Things as are not proper for him to take, he fhall not take on any
Pretence; and of fuch Things as are right and proper for him to take, even
although they are exceedingly minute, he fhall not forego his Claim : And
he fhall efleem the Subjects in the Light of his own Children. And if any
Calamity mould happen to the Magiftrate, yet he mu ft not be terrified, nor
remain afflicted, even during the Calamity. Alfo he muft be eafy and tranquil j
but muft not take any Diverfions.
The Magiftrate fhall not be impatient and angry at hearing any Subject's
Complaints •, and if any Perfon, not having gained his Caufe, fpeaks abulively
to the Magiftrate, even then he fhall not be enraged againft that Perfon, but
fhall forgive his Error. Upon performing the Jugg and Poojeb, and other
pious Ceremonies, he fhall give to the Bramins the Ducbneb, i. e. the Wages
for the Performance of the jugg and Poojeh, and fhall not require ought from
any Perfon.
The
( 6o )
The Magiftrate mall take all prudential Meafures in his own Kingdom,
that no Pcrfon commit Adultery with another Perfon's Wife, and that no
Perfon have Power to commit any Violence to another. And every Magiftrate
who caufes the guilty to be punifhed is commendable.
The Magiftrate mall collect from the People the neceflary Tribute; and
fhall never commit Injuftice; and fhall liften upon all Affairs to fuch Men as
are pofTeffed of an acute Judgment, and who are very expert in all Affairs.
If a Plunderer fliould attack the Magiftrate's Kingdom, and grievoufly
moleft the People, the Magiftrate fhall mofl furely punifli him; if he does
not, he is unworthy of the Magiftracy. And a Magiftrate, who, without
protecting and taking care of the Subjects, collects the accuftomed Tribute
from them, will go to Hell.
The Magiftrate fhall keep fuch a guard upon himfelf, that his Foibles may
never be difcovered ; and, by fending Hircarrahs and Spies, he mail inform
himfelf of the Faults of others.
If a Barrut) i. e. a Religious Foundation, hath been appointed to any
Bramin, or other Perfon, being a ftipulated Sum for the Performance of Poojeh
to the Dezvtah, the Magiftrate has no Power to refume the Dorration. Who-
ever refumes the eftablifhed Burrut of a Bramin and the Dezvtab, or of any
other Perfon, will remain in Hell One Thoufand Years.
In a Kingdom,where Men of Rank eat in the Houfes of Proftitutes, or have
carnal Connexion with Proftitutes, or praclife the drinking of Wine, fuch
Kingdom becomes defolate ; therefore it is the Duty of the Magiftrate to.
appoint Perfons to prohibit fuch Practices.
( 6l )
If a Magiftrate, not diftinguifhing between good and bad Men, takes
Fines, in contradiction to the Shaft cr, his Kingdom becomes deiblate.
If a Thief, or any other Perfon within the Obfervation of the Magiftrate,
and of the Magistrate's Counfellors, fhould caufc any Moleftution to the Peo-
ple, and the Magiftrate and his Counfellors fhould not punifh the Offender,
fuch Magiftrate and Counfellors, during their Life-time, are like dead Perfons.
The Magiftrate, at what Time he is defirous to confult with his Counfel-
lors, fliall choofe a retired Place, on theTop of the Houfe, or on the Top of a
Mountain, or in the Defart, or fome fuch fecret Recefs, and fhall held his
Council there ; and in Places where there are Parrots, or other talkative Birds,
he fliall not hold his Council while they are prefent.
The Magiftrate fliall not take Counfel of a weak old Man, or of a Woman,
or of a Perfon unacquainted with Works of Piety. If any Perfon, exclufive
cf the Magistrate's Counfellors, is acquainted with the Defigns of the Magif-
trate, his Magistracy is not of a long Duration.
Q TRANSLAT'
TRANSLATION
O F A
Pootee, or Compilation,
O F T H E
ORDINATIONS
O F T H E
PUNDITS.
C H A P. I.
Of Le7/iding arid Borrowing*
Men are permitted to lend Money, but they mould not lend to Women,
Children, or Servants •, and whenever they lend, it mall be upon the Credit of
a Pledge, a Security, a Bond, or Witnefles, whichever of the Four is molt to
their Satisfaction, and not otherwife-, the Pledge and Security are to anfwer the
Payment of the Debt, the Bond and WitnefTes to prove its Validity.
SECT..
ScA. I. Of Intereft.
Scd. II. Of Pledges.
Seel:. III. Of Securities.
Sect. IV. Of Difcharging Debts to whomsoever due.
Seel:. V. Of the Methods of Recovering Debts.
SECT. I.
Of hit er eft.
If a Loan be granted upon a Pledge to a Man of the Bramin Call, the
Monthly Intereft fhall be One Part in Eighty upon the Principal; at this -Rate,
if the Principal be Eighty Rupees, the Intereft (hall be One Rupee per Month,
If a Loan be granted upon Security to a Bramin, Firft, One Part in
Eighty upon the Principal is allowed, that is to fay, One Rupee, and alfo One
Eighth of One Eightieth of the Principal, which upon Eighty Rupees
amounts to Two Arnas-, thefe Two Sums are to be added together for the
Monthly Intereft, fo that, upon a Principal Debt of Eighty Rupees, the whole
Intereft at this Rate is Two Rupees Two Annas per Month.
If a Loan be granted to a Bramin without Pledge or Security, the Monthly
Intereft fhall be Two per Cent.
It
( 3 )
If a Loan be granted to a Man of the Cbehteree Caft, in that Cafe, where a
Bramin pays Intereft One Rupee, the Chehteree fhall pay One Rupee Eight
Annas i where the Bramin is charged One Rupee Two Annas, his Intereft
fhall be One Rupee Eleven Annas •, and in the place of Two Rupees, the
Cbehteree fhall give Three.
If a Loan be granted to a Man of the Bice Caft, he fhall be charged double
the Intereft of a Bramin.
If a Loan be granted to a Man of the Sooder Caft, in that Cafe, where the
Bramin pays Intereft One Rupee, the Sooder fhall pay Two Rupees Eight
Annas j in the place of One Rupee Two Annas, he fhall give Two Rupees
Thirteen Annas ; and inftead of Two Rupees, he fhall be charged Five.
It is allowed the Tribe of Bice to charge Intereft, at the Rates herein al-
ready fpecrfied, inTimes either of publick Calamity, or of publick Profperity.
Also it is allowed the Bramin, the Chektcree, and the Sooder ; in Times of
Calamity, to demand the above Intereft.
But in Times of Profperity, it is criminal in the Bramin, the Chehteree, and
the Sooder, to charge Intereft at thefe Rates.
Explanation of the various Denominations of Intereft which
are of Six Sorts,
TKE.Firft is Kau-ee hau, fo called, when Money is lent upon a ftipulated
Intereft, with Agreement to be paid yearly.
R The
( 4 )
The Second is Kan-tee- kau, fo called, when, according to the Rate of the
Agreement, Intereft is to be paid monthly.
The Third is Chickerberdchee> fo called, when, upon a Debtor's Inability to
pay the Intereft upon his original Debt, the Principal and Arrears of Intereft
are added together, and Intereft commences upon the aggregate Sum.
The Fourth is Cortee-an, fo called, when, in Times of Calamity, the Bor-
rower voluntarily agrees to advance the Rate of Intereft, which he muft pay.*
accordingly.
The Fifth is Seekhauberdehee, fo called, when, according to the Rate of the
Agreement, Intereft is to be paid daily.
The Sixth is Bhook Labkeh, fo called, when a Creditor receives a Profit upon
any Thing delivered over to him as a Pledge; as for Inftance, when a Man
pledges with another any domeftick Animals, asKine, Buffaloes, Goats, Horfes,
Camels, Elephants, &c. or Fruit Trees, as Mango Trees, Jacks, Cocoa Trees,
Beetle, &c. or Houfes, or tilled Land, or Womens Ornaments, or Pots, or
Cloaths, or Mats, Carpets, &c. if they be applied to Ufe, and it be agreed,
between thole Two, that the Produce, or Ufufruct of the Pledge, mail apper-
tain to the Creditors, in lieu of Intereft.
In Times of publick Calamity, either of the Four Tribes of Bramin, Cheh-
teree, Sooder, or Bice, may receive Intereft, at the Rate of One Part in Eighty,
being One Rupee (as hath already been herein explained in a feparate Article)
by either of the Three Modes of Kau-ee kau, Kau-lee-kau, and Chickerberdehee.
Either
( 5 )
Either in profperous or calamitous Times, it is criminal fur either of thefe
Four Calls, except only the Bice, to exa6t Intereft:, by either of the Three
Methods of Cortee-au, Seekbauberdehee, or Bhook Labbeb.
It is lawful for the Tribe of Bice to receive Intereft by either of the Three
Modes of Cortee-au, Seekbauberdehee, and Bhook Labheb, in Times of Calamity,
but in a profperous Seafon criminal.
If a Creditor hath received no Intereft upon his Money for Fifty Months,
and if flill a longer Time mould elapfe, yet the Arrears of Intereft mail rife
no higher than to double the Principal -, and the Four Modes of Cortee-au,
Kau-ee-kau, Kau-lee-kau, and Chickerberdehee, may be applied to collect the In-
tereft upon this double Principal.
If Intereft, by the Two Modes of Seekbauberdehee and Bhook Labheb, hath
been paid for a very confiderable Time, yet there fhall be no Releafe from it,
until the Principal Debt be difcharged.
Neither of the Three Tribes, Bramin, Chebteree, or Sooder, but only the
Sice, fhall receive Intereft by thefe Six Methods in Times of Profperity.
There is a Tribe, denominated Burrun Sunker, compofed of fuch whofe
Father and Mother, being of Two different Tribes, have begotten Children ;:
if a Man of this Caft fhould borrow Money, he fhall pay One Part in Sixteen
upon the Principal ; at this Rate, the Intereft upon One Rupee is One Anna.
If a Creditor, by violent Means, caufes his Debtor to agree to an increafed
Rate of Intereft, the Agreement mall not be valid.
If:
( 6 )
If a Man borrows Money without a Pledge given, the Son of his Grandfon
ihall not pay the Debt.
If a Man borrows Money upon a depofited Pledge, the Son of his Grandfon
muft difcharge the Debt,
If a Man borrows Money without ftipulated Intereft, and upon the
Demand of his Creditor goes abroad, without fufncient Reafon, and a Call of
Bufinefs, or lurks fecretly in his own Houfe, fraudulently contriving Means
to delay and to refufe Payment, in that Cafe, after Three Months, Intereft
upon the Debt Ihall commence from the Beginning of the Fourth Month;
but if the Debtor goes abroad upon real and neceffary Occafions, he mall pay
Intereft, after the Expiration of One Year.
If a Man borrows Jewels, Pearls, Coral, Silver, Gold, Cotton, or Cloaths
made of Silk or of Goats Hair, and any confiderable Time elapfe without
Repayment, yet mall the Intereft upon fucli a Debt arife no higher than to
double the Principal.
If a Man, having purchafed Goods upon Credit, fraudulently goes abroad
without Payment, or conceals himfelf in his own Houfe, and, by prevaricating
Excufes and Delays, continues to with-hold the Purchafe-Money, in that Cafe,
after Six Months are elapfed, Intereft mall be accounted due from the Beginning
of the Seventh; if the Purchafer is called abroad by his neceffary Bufinefs, he
Ihall pay Intereft, after the Expiration of One Year.
Tf a Man hath committed ought to the Charge of another, who, on Appli-
cation for the Return of the Truft, fraudulently abfeonds on a Journey, or if
he leaves not his own Houfe, but by Excufes and Prevarications detains the
Charge
( 7 )
Charge in his own Pofleffion, in that Cafe, if Six Months elapfe from the Time
of fuch Application, he fliall be charged Interefl from the Beginning of the
Seventy.
Suppose a Man to borrow a Quantity of the Grain, called Slalke {orPadJ.cc)
upon this Agreement, that, at the Time of the Paddee Harveft, he will make
an equitable and equivalent Return, in that Cafe, if, at the Time of Payment,
Grain be fomething cheaper than when it was borrowed, he fliall pay double
the Quantity; if it be much fallen in Price, he (hall pay Three Times as
much; if it be flill cheaper, Four-fold; and if its Value be exceedingly
reduced, he fhall return Five Times the Quantity lent him, and this Fifth
Increafe he mail never be obliged to exceed; if the Price, at the Time of Re-
payment be rifen, with refpecl: to the Time of borrowing, the Bramin fnall pay
for Interefl: Two in One Hundred Parts, the Chehleree Three in One Hundred
Parts, the Bice double of the Bramin, and the Sooder Five Parts in One Hundred.
If a Man borrows Cocoa-Nut Oil, or any fpirituous Liquors, or Ghee, and
returns it not in Fifty Months, he fliall then repay Eight Times the original
Quantity.
If a Man borrows Milk, Woollen Cloth, Perpets, Shawls, or Tapeflry, and
Carpets made of any Hair but that of Sheep, and returns it not in Fifty Months,
he lhall then repay Five Times the original Quantity.
If any Man borrows any Kind of Cloths (but thole made of Silk) Iron,
Copper, Talc, Brafs, White Copper, Pewter, Tin, and Metals of this Kind,
except Gold and Silver, and returns them not in Fifty Months, he fliall then
repay Three Times as much.
If
( 8 )
If a Man borrows any Kind of Grain, except Paddee, as Wheat, Small
Gram, Barley, and fuch Kinds or* Grain, or Lentils, Gram, Milliard Seed, or
Kwijud, and fuch other Produce of Tillage, and returns it not in Fifty Months,
he fhall repay it Four-fold.
If a Man borrows Green Herbs, fuch as Cabbage, Lettuce, &V. and repays
them not in Fifty Months, he (hall repay them Five-fold.
If a Man borrows Sugar Canes, and returns them not in Fifty Months,
he fhall then repay Six Times the Quantity.
If a Man borrows the Juice of the Sugar Cane, the better Sorts of Flow-
ers, or of Fruits, Ginger, Radilhes, Potatoes, or Yam, or any other of thofe
Herbs whofe Root is in common Ufe, whatever Quantity he borrowed, he
(hall return Three Times as much.
If dried Grafs, Fuel Wood, Bricks, or Leaves, or Things made of Leather,
or Bone, or Scimitars, Spears, Daggers, Mufkets, and this Kind of warlike
Inftruments, or dried Flowers, or Fruits cf the worfl Species, be borrowed,
and not repaid in Fifty Months, yet no Intereft is to be given on themj but
if it be originally flipulated, it (hall be paid.
If a Man fells Goods without receiving immediate Payment, and, upon
Demand made for the Money, the Purchafer puts him off with frivilous Delays,
either (laying at his own Houfe, or going abroad, without fufficient Reafon,
Intereft fhall commence upon the Debt from the Beginning of the Fourth
Month.
If
( 9 )
If a hired Servant hath been a long Time without receiving his Wages, yet
he fhall not demand Intereft upon them, unlefs it be originally fo ftipulated.
If a Man hath agreed to pay another a certain Fine on any Account, and a
long Time elapfe without Payment, he ihall not give Intereft, unlefs it be Parr
of the original Agreement.
If a Man hath prefented another with any Thing in the way of Friendfhip,
which Prefent the Accepter neither takes to his own Houfe at the Time it is
given, nor doth the Donor fend it to him, yet fhall no Intereft be paid upon
the Gift thus with-held, unlefs by a prior Agreement.
If a Man hath given another any Thing by way of Recompenfe, which, after
being accepted by the Perfon to whom it is offered, is yet detained at the
Donor's Houfe, and not delivered on Demand, Intereft fhall be paid upon its
Value.
If a Man, in a friendly Manner, hath applied to his own Ufe any Thing of
the feparate Property of his Wife, on returning it, he fhall give an Intereft,
together with the Principal ; and if a Man, by forcible Means, hath taken ought
belonging to his Wife, and doth not pay her both Principal and Intereft, the
Magiftrate of the Time fhall oblige him to pay Intereft and Principal, and fhall
alfo fine him.
If a Man hath expended, on friendly Terms, any of his Wife's Property,
and dies before he makes it good, his Son fhall pay the Principal fo borrowed,
but without Intereft.
If
( »° )
Tf a Man offers to difcharge a Debt, and the Creditor will not accept Pay-,
ment, he ihall not pay Intereft upon the Debt, after fuch an Offer, unlefs it be
previoufly ftipulated.
If a Man, who has agreed to difburfe a certain Sum for the Expences of a
Marriage, or a Marriage Portion, pays it not for a confiderable Time, he mail
not pay Intereft upon that Sum, unlefs according to previous Agreement.
If a Man hath dcpofited a Pledge, and the Creditor poiTefTing fuch Pledge
applies it to his own Ufes, or breaks it, or it be ftolen from his Houfe, in that
Cale, he lhall not pay Intereft upon it, unlefs by Agreement.
If a Man depofits a Pledge with another, and no Agreement be made that
the Creditor fhall make ufe of the Pledge, in that Cafe, fuppofing the Pledgee
to apply to Ufe the Goods fo pledged, he fhall pay half Intereft, according to
the Rates herein already fpecified.
If a Pledge, depofited in a Creditor's Hands, be fpoiled, loft, or broken
by an unfoieieen Accident, in that Cafe, the Creditor fhall ftill recover
both Principal and Intereft of his Debt ; but the Debtor fhall not receive the
Value of his Pledge.
A Mam may lend Money to another of the fame Tribe, to his Relations,
or particular Friends, upon a Pledge only, but from all others, he fhould
demand a Bond and Security.
Jf a Man lends Gold to another, he fhall appoint a fixed Day of Payment
to his own Satisfaction j if he cannot fix a Day to his Mind, he may omit it.
If
( 11 )
If a Man borrows Paddee, Wheat, Barley, Gram, Small Gram, Lentils, or
Doll, or Muftard-Seed of the Species of Grain and Pulfe, or Salt of whatever
Sort it may be, or Honey, Sugar, Sugar-Candy of the Species of Sweets,
or round Pepper, or Peepul, dried Ginger, Kureelah, or Inderjb of the Species of
Warm Bitters, or Tamarinds, or four i lumbs, or Lemons of the Species of
Acids, or Hurreh, Bebeerreb, and Qulah of the Species of Affus, he (hall furely
fix a Day of Payment.
When feveral Men are Creditors to the fame Debtor, they mail make a
a Sort of Common Stock of their Debts, and receive their refpective Shares of
each Payment; if any Creditor refuies to accede to this Agreement, he mail
lofe his Share of the Intereft.
If a Man hath fold Rice or Wheat for fowing of the Species of Grain, or
Muftard Seed, or Kunjud of the Species of Seed, or the Seeds of Cotton, or
Kureelab, or Pumpkin of the Species of <Terkarrecy or the Seed of the Water
Melon, or Cucumber of this Species, and they do not fpring up from the
Ground, but the Spot ihould become wafte, the Vender of the Seed mall make
good the Crop.
sect. n.
Of Pledges.
If a Man, with whom a Pledge is depofited, mould apply to his own Uic
the Things fo pledged, and by that Means fpoil it, he mall pay the Value of
it to the Depofitor, or procure another of the fame Kind,
T Ff
( 12 )
If a Man, who hath pledged ought to another for a Debt, offers to pay the
Money, and demands his Pledge, which the Creditor fraudulently with-holds,
in that Cafe, the Magiftrate mail exact a Fine from the Creditor, caufe the
Pledge to be reftored to the right Owner, and the Debt to be forthwith dif-
charged.
Jf a Perfon mortgages to another fuch a Quantity of Land as will ferve for
the Subfiilence of One Man, for One Year, and afterwards mortgages the fame
Land to a Second Mortgagee, he (hall be punifhed with Death; or if his Life
be fpared, he fliall be lined One Hundred AJhrufees; and if the Criminal be a
Bramin (which Tribe is exempt from capital Punifnment) he fhall flill pay the
Fine of One Hundred Ajhrufces.
If a Man mortgages a Quantity of Land lefs than will fuffice to maintain a
Man One Year, and afterwards engages the fame Ground to a Second Mort-
gagee, the Magiftrate fhall fine him Sixteen AJhrufees.
If a Man hath depofited a Pledge with another, and fuffers it to lie a con-
fiderable Time unredeemed, yet the Creditor fhall not apply the Depofit to his
own Ufe, or fell it, or fpoil it, or pledge it as his own to another Perfon; if
he acts in contradiction to this, he (hall be obliged to make good the Pledge.
If a Man, having pledged any Thing to one Perfon, fraudulently contrives
to engage the fame Article as a Pledge: to a Second, the Firft Engagement
fhall be confidered valid, and not the Second; but yet the Second Creditor fhall
receive both Principal and Intereft of his Money; and he who thus tranfgreflls
the Laws of Juftice fhall be punifhed as a Robber.
If
»3
If a Man pledges the fame Article with Two Perfons, and it be not known
which Tranfa&ion was prior in Date, then, whichever of the Creditors, with-
out Moleftation of the other Pledgee, attaches the Pledge, it (hall be accounted
valid, with refpect to him-, if a Difpute arifes, the Two Creditors fhall have
equal Shares in the Depofite.
If any Tranfadlion between Two People pafs before WitnefTes only, and a
Third Perfon produces a written Inftrument of the fame Tranfaction, attefted
alio by WitneiTes, the Writing thus witneiTed fhall be accounted valid.
If a Man pledges ought to another without a written Agreement, and after-
wards depofites the fame Pledge with a Second Perfon, adding a regular written
Inftrument, to teftify the Validity of this Second Pledge, in that Cafe, the
Second Engagement fhall Hand good, and the Borrower fhall return back the
Money lent him by the Firfl Creditor.
If a Man mortgages to another a certain Quantity of Land, and the Mort-
gagee, by forcible Means, appropriates to his own Ufe a larger Space of Ground
than is fpecified in the Agreement, in that Cafe, the Magillrate, without cauf-
ing the Debt to be difcharged, fhall reflore the mortgaged Ground to the
right Owner, and hold the Mortgagee criminal.
SECT.
( 14 )
SECT. III.
Of Security.
There are Four Sorts of Security.
Firfty'WHtfj aMan,defirous to borrow Money, is refuted, by thePerfon whom
he addrefTes, from a Want of Confidence in his Ability to repay it, if in the
mean Time a Third Perfon mould advife the refufing Party to lend the
Money, and mould promife, that, if theDebtor abfconds upon the Day of Pay-
ment, he will caufe him to appear, he, who by fuch Advice caufes the Money
to be lent, engages himfelf in a Kind of Security, and if he cannot produce the
Borrower, when Payment becomes due, he muft difcharge the Debt, both
Principal and Intereft : If he dies, his Son fhall not make good the Loan.
Secondly, When a Man, who is requefted to lend Money, doubts the Character
of the Borrower, and enquires it of a Third Perfon, if this Man mould
anfwer to the others Character, and affirm, that to his own Knowledge he is
worthy to be trufted, by thus inclining the Party to lend the Money,
he is to be confidered as a Kind of Security-, and whoever, by giving a good
Character to a bad Man, enables him to borrow Money, and this Circumftarrec
can be proved, the Recommender (hall be obliged to make good both Princi-
pal and Intereft of the Debt;, but if he die?, his Son is not anfwerable for the
Monty.
//v,When aM.in,defirous to borrow TvIor.ey,is re fu fed, be caufe thePerfon of
om he requefls it has no Opinion of his Credit, if a Third Man mould fay,
" Lend
( '5 )
<c Lend him what he defires, and I will be anfwerable for it," this alfo is a
Kind of Security j and if the Borrower refufes Payment, the Security mufl dif-
charge both Principal and Intereft of the Debt; alfo if he dies, his Son mall
make good the Principal.
Fourthly, When a Man, defirous to borrow any Thing for a Time, pro-
mifing to return it as foon as the Bufinefs for which it is wanted fhall be
finifhed, is refufed the Uie of it, if another Perfon fhould advife the PoficfTor
of the Thing required to lend it, and mould promife, that he will take care
to fee it returned, this alfo is a Mode of Security ; and if the Borrower returns
not the Article lent him, the Security mall make it good, with Intereft upon
its Value: Alfo if he dies, his Son mail be anfwerable for the Principal.
If a Debtor, on the Day agreed for difcharging of his Debt, mould be unable
to appear, either from fome natural or publick Calamity, or from a neceiTary
Attendance on a Court of Juftice, it is not to be accounted a Fault in the Man
who became Security for him; but when the Debtor's Caufe of Delay is re-
moved, the Security mufl: then procure his Appearance, or, upon Failure, mufl;
himfelf be anfwerable for the Caufe in Difpute.
If a Man dies, who, having depofited a Pledge, is become perfonal Security
for another, his Son fhall difcharge the Principal of the Debt.
If a Man who is Security for another fhould die, his Grandfon and Great-
Grandfon are not anfwerable.
If feveral Men become Securities for a Debtor who fails to difcharge his
Debts, all the Securities fhall pay the Money in equal Shares.
U If,
( 16 )
If, at the Time of lending Money, the Lender mould fay to the Securities,
•• Here are feveral of you engaged, but I expect, that any One of you, whom I
may happen to find when Payment becomes due, fhall difcharge the Debt," if
nlfo the Securities affent to this Stipulation, then, mould the Borrower fail in
his Engagements, the Creditor fhall exact Payment of any One of the Securi-
ties whom he can firft find, according to Agreement,
If a Debtor mould be abfent, and the Security is defirous to bring him to
Appearance, the Creditor fhall fettle with the Security a reafonable Time
for his Departure and Return, and fhall permit him to go in queft of the
Debtor.
If a Security has not abfolutely the Means to pay a Sum for which he
bound himfelf, and the Creditor commences a Suit againft him in a Court of
Juftice, the Magiftrate of the Time (hall appoint him to pay the Debt, by In-
ftalments, according to his Ability, and fhall not be too harm and fevere upon
him ; neither fhall the Creditor be permitted to treat him with unreafonable
Rigour, in the Exaction of his Claim.
If a Creditor of his own Elead be extremely hard and fevere upon a Secu-
rity, whatever Money he hath by this Method extorted, after the Space of
One Month and an Half, the Judge fhall caufe him to return double of that
Sum to the Security-, and if it be within the Space of One Month and an
Half, whatever Sum he hath received, the Judge fhall caufe him to return the
l:ke Sum to the Security.
(According to Chendeefur.)
If a Security, unable to anfwer the harm and importunate Demands of a
Creditor, mould give him ought, by way of Bribe, to fatisfy him for the
prefent3
( i7 )
prefent, and then complain to a Court of Juftice, if this Complaint be after
One Month and an Half, the Judge fhall caufe the Creditor to give double
of that Bribe to the Complainant ; if the Complaint be laid within the Space
of One Month and an Half, the Judge fhall caufe the Creditor to pay him a
Sum equal to the Bribe.
(According to Gerheifur.)
A Man, who is unable to pay hisDebts, and the Fines of a Court of Juftice,
mall not be taken as a Security.
A Man fhall not accept, as Security, a Perfon totally unknown to him,
his own Mailer, an Enemy, a Prifoner, a very old Man, a Partner living in the
fame Family, a Friend^ or a Pupil.
SECT. IV.
Of Difcharging Debts to whomfoever due.
If a Man pays his Grandfather's Debts, he mall not be charged Intereft upon
them.
If a Man lends Money upon a pofitive Stipulation to be paid on a certain
Day, and the Borrower alfo affents to this Reftridion, the Money muft
abfolutely be repaid accordingly.
If a Man lends Money with a Stipulation to be paid upon Demand, and
the Borrower confents to take it upon this Reftri&ion, he mall accordingly
pay it when demanded,
Is
( 18 )
If a Man dies in Debt, his Sons fhall contribute their refpective Shares to
difcharge his Obligations.
If a Man dies in Debt, his Grandchildren fhall refpeftively contribute to
pay the Money.
If a Man dies in Debt, his Great-Grandchildren fhall not pay the
Money.
If a Man in Debt renounces the World, and becomes Fakeer, his Sons
and Grandchildren mall difcharge his Obligations.
A Great-Grandfather's Debts are not obligatory upon the Great-
Grandfon-j but if it be his own Choice, the Great-Grandfon may pay them.
If a Man in Debt leaves his own Country, after he hath been abfent
Twenty Years, his Son fhall pay his Debts-, alio a Grandfon fhall difcharge
the Debts of his Grandfather, after Twenty Years Abfence-, likewife, within
the Space of Twenty Years, the Son and Grandfon may difcharge the Debts
of their Father and Grandfather, if they choofe it; but the Creditor fhall not,
before the Expiration of Twenty Years, have Power to compel them.
If a Man dies, who hath depofited, as Pledges for Money borrowed, Fruit
Trees, tilled Land, Houfes, Kine, Buffaloes, Goats, Hones, Elephants, and
fuch Kinds of ufeful Animals, or Pots, Cloaths, Mats, and fuch Things as
have been already fpecified, to produce an Intereft for a Debt, his Great-
Grandfon fhall difcharge that Debt.
If
( »9 )
If a Man in Debt be abfent from Home, and there be no Expectations
that he will ever return, his Son and Grandfon Hull pay his Debts within
Twenty Years.
If a Man in Debt be fick, beyond all Hopes of Recovery, the Son, in that
Cafe, mail pay his Father's Debts.
If a Man be blind from his Cradle, or an Idiot, or be overcome by the
Infirmities of Age, or be afflicted with a Confumptive Spitting of Blood and
Phleo-m, or with a Leprofy, and lives in his Son's Family, that Son mail dis-
charge his Father's Debts-, but if he lives apart from his Son, and contracts
Debts, he ihall himfelf difcharge them-, and the Son has no Connexion with
them.
If a Man lends Money upon the Security of Two People, with Agreement
that either of them whom he may happen to find, when Payment is due, mail
be anfwerable for the Debt, in that Cafe, if One of the Securities mould die,
and leave no Children, and the other Security be abfent from Home, the Son
of the Abfentee mall pay the Money-, if both the Securities die, whichever of
them leaves Children, the Son mail pay his Father's Share of the Obligation.
Before the DifTolution of a Partnerfhip, if One of the Parties, being in
Debt, leaves his Country, or dies, in that Cafe, whichever of the Partners be
found upon the Spot mall difcharge the Debt.
Upon the Abfence of a M after of a Family from Home, whether Abroad
or in his own Country, if his Servant borrows Money for the immediate Sup-
port of his Mailer's Family and Dependants, the Mailer, on his Return,
jnuft be anfwerable for the Debt.
X If
( *0 )
Ir a Man dies in Debt, and his Son and Grandfon, at the Time of his Death,
be very young, and incapable of managing their own Affairs, they fhall not
pay his Debts, until they arrive at Years of Difcretion, and then they fhall
difcharge them, according to their Ability.
A Father fhall not be compelled to pay his Son's Debt?, but if he choofes
it, from any Impulfe of paternal Affection, he is permitted j but if a Father
offers to be Security to a Man who has refufed to lend Money to the Son, in
that Cafe, the Father is obliged to pay what the Son borrows.
If a Man had been defirous to make a Prefent to another, without any
fufficient Caufe, and dies, leaving his Intention unfulfilled, his Son fhall not
give it.
If a Man had been defirous to make a Prefent to another, upon a proper
and fufficient Caufe, and dies in the mean Time, the Son fhall fulfil his Father's
Intentions.
If a Man dies, having incurred Debts by Gaming, or drinking Spirituous
Liquors, his Son fhall not difcharge them: (This Law is calculated for thofe
Perfons in whom Gaming, and the Ufe of Spirituous Liquors, is not account-
ed a moral Offence.)
If a Man who owed a Fine to a Court of Juftice mould die, leaving Part
of the Fine unpaid, his Son fhall not pay that Part; alfo if no Part of the
Fine was paid in the Man's Life-time, his Son fhall not be anfwerable for it
in any refpect.
I?
( 21 )
f
If a Man, by the Impulfe of Lull, had promifed any Prefent, and fluuld
die without fulfilling the Promife, his Son fhall not give it.
If a Man, through the Impulfe of Enmity, had agreed to give away any
Thing, and dies without fulfilling the Agreement, his Son fhall nor. give it.
If a Woman, in Times of Calamity, or for the immediate Support of her
Houfhold, Relations, and Servants, mould borrow Money, her Hufband and'
Son mull difcharge the Debt-, but if fhe contracts Debts on any other Account,
her Hufband and Son fhall not pay them.
If the Wife of a Man of the Caft of Potters, or of Warners, or of Cow-
Herds, or Dancers, or Hunters, contracts a Debt, her Hufband and Sons are
anfwerable for it; alfo if a Man, or his Son, among thofe Tribes, contracts
Debts, the Wife muft pay them.
If a Woman borrows Money with the Confent of her Hufband and Son,
the Hufband and Son fhall repay it.
If a Man, at the Point of Death, defires his Wife to difcharge his Debts,
then, if fhe inherits her Hufband's Property and PofTeflions, fhe. fhall pay
them accordingly.
If a Man dies in Debt, whoever happens to be his Heir fhall difcharge
thofe Debts, but without Intereft.
If a Bramin dies childlefs, whichever of hisKindred becomes his Heir, he fhall
difcharge his Debts; if he has no Relations, the Bramim of the fame Village
where the childlefs Bramin refided fhall adminifter to his Eft ate, and pay his
Debts 5.
{ 22 )
Debts •, if no other Bramins inhabit that Part, the Magiftrate fhall pay the
cnildlefs Bramin's Debts from the Amount of his Effects, and fhall call the
Overplus into the Water.
If a Chehteree dies childlefs, and hath no Relations, or Kindred, the Magif-
trate Ihall take Adminiftration of his Effects, pay from the Amount the Debts
of the Deceafed, and keep the Overplus.
SECT. V.
Of the Methods of Recovering Debts.
If a Creditor, on the Day appointed for Payment, demands his Money
of the Debtor who refufes to difcharge the Debt, firft, he Ihall fpeak to
the Friends and Relations of the Debtor, and procure them to demand Pay-
ment ; next, he fhall go in Perfon, and importune for his Money, and flay fome
Time at the Debtor's Houfe, but without eating or drinking; if thefe Means
fail, he fhall carry the Debtor Home with him, and, having feated him before
Men of Character and Reputation, fhall there detain him; if even this Method
fhould not fucceed, he fhall endeavour, by feigned Pretences, to get hold of fome
cf his Goods; or if any Pledge was depofited with him on lending the Money,
he fhall carry the Goods fo pledged to the Magiltrate, who fhall caufe the
Depofite to be fold, and pay the Creditor his Debt, with Intereft, from the
Amount of the Sale; if he cannot, by evafive Means, diflrain the Debtor's
Goods, and alfo if no Pledge be in his PofTefllon, he fhall then feize and con-
tine the Debtor's Wife, Children, Cattle, Buffaloes, Horfes, and fuch Kind of
uteful Animals; alfo his Pots, Cloaths, Mats, and Furniture; and, feating
bimfelf at the Debtor's Door, lhall there receive his Money; if even thefe
Methods prove unfuccefsful, he fhall feize and bind the Debtor's Perfon, and
procure, by forcible Means, a Difcharge of the Debt.
If
( n )
If Men of very low Cafts, Coolies, and handicraft Men, owe Money, they
thall be feized, detained, and compelled to pay.
If a Man lends Money to a Magiftrate, to his own Matter, or to a Bramin,
h^ mail not be rude or uncivil in procuring Payment.
If a Man hath lent Money to One of the fame Family, or to a Man of bad
Principles, he (hall, by evafive Pretences, get hold of fome of the Debtor's
Goods, and by that Means procure Payment.
If a Man of the Tribe of Arzal be unable to pay his Debts, he mail be
obliged to work out Payment by daily Labour.
If a Bramin be unable to pay his Debts, the Magiftrate mall appoint him
to difcharge them by little and little, according to his Means.
If a Debtor and Creditor are both of the Bramin Caft, the One fhall not
oblige the other to work out a Debt by Day Labour.
If a Man of the Chehteree, Sooder, or Bice Caft, is too poor to pay his Debts,
the Creditor may oblige him to work out the Amount, in any Bufinefs of
which the Debtor is capable ; that is to fay, the higher Caft may exact this
Method of Payment from One inferior to itfelf, and Cafts of equal Rank may
thus mutually treat each other ; but a. low Caft cannot force th? fuperior to
compound Debts by Labour, but fhall be paid by Inftalments, on a Debtor's
Inability to difcharge the whole Debt at once,
If a Creditor, without previous Demand, feizes his Debtor by Force, and
obliges him to work at a Bufinefs of which he is not capable, the Magiftrate
ihall fine the Creditor, and difmifs the Debtor with the Debt unpaid,
Y la
( 2+ )
If a Man difcharges not a Debt in Fifty Months from the Time of bor-
rowing, fo that the Intereft of Chkkerberdehee takes place (an Explanation of
which hath been already given above) he fhall fettle the Mode to his own Sa-
risfaction, and pay the Creditor his Money.
If a Man, who hath long fmce depofited a Pledge in anothers Hands,
mould abfcond, or die, the Creditor, in Prefence of the Debtor's Friends,
mall produce the Pledge, and afcertain its Value; after that, he fhall keep it
by him Ten Days* and, if within that Space the Debtor's next Heir does not
come in, and fatisfy his Claim, he fhall fell the Article pledged, and take his
own Mcney, with Intereft, from the Amount; if there be any Remainder,
the Creditor is not to keep it.
If a Man acknowledges himfelf indebted to another, and yet refufes to pay,
the Creditor fhall ufe the Means above fpecified to recover his Money, with-
out Hinderance or Moleflation from the Magiftrate; if the Debtor mould
lodge a Complaint, the Judge mall fine him, and caufe the Creditor to be paid.
If a Man, owing another any Money, fhould flatly deny the Debt, when
Payment is demanded, the Creditor fhall not have Power to take him into his
own Cuftody, but fhall caufe him to appear before a Magiftrate, and there,
upon indifputable Proof of 'the Debt, fhall receive his Claim-, but if the
Creditor be defirous to attach and confine his Debtor, without Knowledge of
the Judge, in this Cafe, he mall be fined.
If a Man hath lent fome J/hrufes, and the Borrower acknowledges to
have received fome Rupees, but a lefs Sum than the Creditor pretends, alfe
if the Lender demands Intereft upon his Loan, and the Borrower afferts, to
have difchargcd the Intereft already, or if the Creditor affirms to have lent
the
( '5 )
the Money upon mere good Faith, and the Debtor fays, that he deposited a
Pledge for the Loan, upon a Difpute of this Kind, the Creditor (hall by no
Means arreft the Debtor's Body, without Knowledge of the Magiftrate-,
fhould he offend this Law he mall be fined.
If a very rich Man, of weak Underftanding, and of a very mean Tribe,
from a Principle of Fraud and Obftinacy, refufes to pay his Debts, the Magif-
trate fhall oblige him to dilcharge the Money claimed, and fine him double
the Sum.
If a Man owes Money to feveral Creditors, he {hall firft difcharge that
Debt which was firft contracted, and fo in Order.
If a very rich Man, of an excellent Education, and of a fnperior Call, from
a Principle of Fraud and Obftinacy, refufes to pay his Debts, and the Creditor
commences a Suit againft him, the Magiftrate (hall caufe the Money in Difpute
to be paid, and fhall fine the Debtor One Twentieth of the Sum recovered.
If a Debtor and Creditor are of equal Cafts, and, on the Debtor's Refufal to
pay his Debts, the Creditor fhould commence a Suit, the Magiftrate fhall caufe
the Money in Difpute to be paid, and fhall alfo fine the Debt3r One Tenth of
the Sum recovered.
If a Man hath borrowed Money of feveral People in One Day, and the
regular Order of borrowing cannot be afcertained, the Creditors fhall all be
paid in equal Shares.
When a Creditor procures Payment of his Money by Application to a
Magiftrate, he fhall give him One Twentieth of the Sum recovered for his
Interpofition.
When
( 26 )
When a Debtor difcharges his Debts by Inftalments, he mall duly note
upon the Back of the Bond the refpe&ive Sums fo paid off; the Creditor
alio fhall give a feparate Receipt for each Payment: If the Debtor omits this
Precaution, and the Creditor alfo has not given a Receipt for any particular
Payment, the Sums fo omitted fhall not enter into the Account.
CHAP.
( ?7 )
CHAP. II.
Of the Divifon of Inheritable Property.
When a Father, a Grandfather,* a Great-Grandfather, and any Relations
of this Nature deceafe, or lofe their Call:, or renounce the World, or are
defirous to give up their Property, their Sons, Grandfons, Great-Grandfons,
and other natural Heirs, may divide and affume their Glebe Land, Orchards,
Jewels, Coral, Cloaths, Furniture, Cattle, and Birds, and all the Eftate, read
and perfonal, of which the Perfons thus circumftanced ftand pofiefiedj fuch
Property is called Bale, meaning Property capable of being thus left and
inherited.
Seel. I. Of Inheritance from a Father, a Grandfather, a Great-
Grandfather, and fuch Kind of Relations.
- Seel:. II. Of Dividing the Property of the Berhemcbarry^ the Sinafee,
and the Ban Perufi.
Seel:. III. Of a Woman's Property.
Se£t. IV. Of the Inheritance of a Woman's Property,
Sedt. V. Of Perfons incapable of Inheritance.
Z Seel.
* A Grandfather, in this Tranflarion, always means a Father's Father; a Grandfon always-
means a Son's Son; and all the Terms of Affinity, when they occur, without anyReftri&ion, are to be
applied to theMale Line of Kindred j when the Female Line intervenes, it is particularly fpecified
in the Expreffion,
( *8 )
Beet. Vf. Of Property liable to Divifion;
Seel". VII. Of Dividing Property earned by the Profefllon of any
Science or Art.
Sect. VIII. Of Dividing Property earned by a Man's Sons,
Se6t. IX. Of PoiTcffions indivifible.
Sed. X. Of a Father's Dividing among his Sons the Property earned
by himfelf.
.Sect. XI. Of a Father's Dividing among his Sons the Property left
by his Father and Grandfather.
Seft. XII. Of Sons Dividing the Property left by their Father.
Sect. XIII. Of Dividing the Joint Stock of Perfons who agree to live
together, after the original Separation and Diiperfion of
the Family.
Sect. XIV. Of a Partner's* receiving his Share of Joint Stock after a
long Space of Time hath elapfed ; alfo of the Inheritance
of die Sons of a Woman of the Sooder Caft, by Two
different Hufbands; and alfo of adopted Sons.
Sect. XV. Of Dividing concealed Effects -, and of rectifying unequal
Divifions; and of the Mode of fettling the difputed
Shares of Partners.
Sect. XVI. Of Acquiring Right of Pofiefiion in the Property of another
by Uiufruct.
SECT.
* Pzitnerfhip is of Two Sorts in the T.afi : — Firft, Sbcrakut-i-braderee ; Second, Sberakut-i-
ie',aruiee. The Fiiit. is a Partnership by Affinity, where all the Brothers or Members of a family
l'ive together, have a Joint Stock, and are Coheirs in all Inheritance left to the Family ; this is the
Partner (hip conllantly alluded to in this Chapter. — Of the Second Sort, .or Faitaeifhip in Trade,
No tlung need be laid.
( 29 )
SECT. I.
Of Inheritance from a Father ', a Gra?idfather^ a Great-
Grandfather y and fuch Kind of Relations*
If a Man dies, or renounces the World, or for any Offence is expelled from
his Tribe, his Relations, and Kindred, or is defirous to give up his Property,
all his Poffefiions, be they Land, or Money, or Effects, or Cattle, or Birds,
go to his Son; if there be feveral Sons, they all fhall receive equal Shares.
If the Son be dead, it goes to the Grandfon; if there be but One Grandfon,
he (hall obtain the whole •, if there be feveral Grandibns, they fliali divide it,
and all fhall receive equal Shares.
If there is no Grandfon, it goes to the Grandfon's Son-, if there be but One
Grandfon's Son, he fhall obtain the whole-, if there be feveral Sons of the
Grandfon, they fhall all receive equal Shares of it.
If from fuch a Man as above-mentioned there fnauld have fprung Two,
Three or more Sons, and One of them mould die, leaving behind him One or
more Sons, the Son, thus left, fhall receive his Father's Share from his Uncles,
in equal Proportion with them ; if the Uncles be dead, he fhall receive his
Father's Share from his Uncle's Son.
If a Man's Father and Grandfather be dead, he fhall receive his Grand*
father's Share from his Grandfather's Brothers, in equal Proportion with
them; if there be no Brother of his Grandfather alive, he fhall receive it
from that Brother's Son.
fa
( 3° )
If a Man has neither Son, Grandfon, nor Grandfon's Son, all his Property
goes to his adopted Son; if there be no adopted Son, it goes to the adopted
Son's Son; if there be no adopted Son's Son, it goes to the adopted Son's
Grandfon.
If there be no adopted Son's Grandfon, then, if the Property has already
been divided among the Heirs, it goes to the Wife; if it has not been divided,
it goes to the Brother; but the Wife mall receive Food and Cloaths.
This Ordination is according to the Pundits of Meet-hid-., but Sewarteh
Behtacharige, Jeimoot Bahun, and Strree KiJJjen 'Terkalungkar^ and others, fpeak to
this Effect, viz. That if there be no Son, nor Grandfon, nor Grandfon's Son,
then the Hufband's Share of the Property, whether it has or has not been
divided among the Heirs, fhall go to his Wife; if he had feveral Wives,
they all fhall receive equal Shares; if there is but One Wife, me fhall receive
the whole.
This is a good Ordination, and is approved: If the Wife is not unchafte,
and remains in her Hufband's Houfe, then fhe fhall obtain her Hufband's
Effects; if fhe be unchafte, and continues not in her Hufband's Houfe, or if
fhe continues in her Hufband's Houfe, though unchafte, then fhe fhall not
obtain her Hufband's Effects.
A Woman may give to the Bramins any Part of the Effects which fhe
inherited from her Hufband, to promote his future Plappinefs ; if fhe gives
the whole, the Gift is approved ; but fhe is blameable : She may ailfo fell or
mortgage it, to procure herfelf the immediate NecefTaries of Life.
( 3' )
If there be no Wife, the Property goes to the unmarried Daughter 5 if
there is but One unmarried Daughter, (he (hall obtain the whole •, if there
are feveral unmarried Daughters, they all mail receive equal Shares.
If an unmarried Daughter, who has inherited her Father's Effects, mould
afterwards marry and die, leaving a Son, that Son fhall obtain the whole
Property : If ihe mould die, leaving a Daughter, that Daughter (hall not
receive any Thing.
If me dies without having borne a Child, that Property does not go to her
Hufband, but in equal Shares to her Sifters who have Children, or are capable
of Child-bearing : (Women are to be confidered as capable of Child-bearing,
till their monthly Courfes entirely ceafe; when thofe CouiTes are finally clofed,
it is certain, that Women (hall bear no more Children ; and a Siller in this
Condition mail not receive any Share:) If th;re be but One Sifter, (he mail
obtain the whole j if there are feveral Sifters, they all (hall receive equal
Shares..
If there is no unmarried Daughter, thea equal Shares (hall go to the
Daughter who has borne Children, and to the Daughter capable of Child-
bearing; if there is but One Daughter thus circumftanced, me (hall obtain
the whole, but the barren Daughter, and the Daughter who is a childlefs
Widow, receive Nothing ; but if there be no Perlbn belonging to the Family
of the Hufband of the barren Daughter, or to that of the childlefs Widow,
or they mould be diftreffed for the immediate Neceflaries of Life, in that Cafe,
they fhall receive Food and Cloaths: And when it becomes certain, that the
barren Daughter can never bear Children, (he (hall (lure in an Inheritance,
according to the Ordination of Jeimoct Bahun, and Strree Kijhen Terkaitatgkar,
and others; and this is a good Ordination, and is approved (or rather is cuf-
A a tomary
( 32 )
tomary in this Kingdom) but Pachefhputtee Mifr fpeaks to this Effect, viz,
That if there is no Daughter who has Children, or likely to have them, then
Property (hall go in equal Shares to the barren Daughter, and to the Daughter
who is a childlefs Widow; if of thefe barren and widowed Daughters there be
but One alive, me fhall obtain the whole ; if there be more, they mall receive
equal Shares.
If there be no Daughter, it devolves upon the Daughter's Son-, if there be
but One Daughter's Son, he fhall obtain the whole; if there are leveral Sons
of the Daughter, they mall all receive equal Shares: This Ordination is ac-
cording to Sewarteb Behtacharigc, Jeimcot Babun, Sirrec Kifien Terkalungkar, and
G cp aid P nucha; am > and is approved: Gobind Raje fays," That, even during the
Daughter's Life, it fhall go the Daughter's Son."
If Daughters who have received Shares of an Inheritance mould die, and
leave Children behind them, as One Son be left by One Daughter, and Two
or more by the Second, thefe Sons fhall divide the Property among themfelves,
in equal Shares, like Brothers born of the fame Parents.
If there be no Daughter's Son, it goes to the Father-, if there be no Father,
to the Mother ; if there be no Mother, to the Brother born of the fame Pa-
rents; if there be but One Brother, he fhall obtain the whole; if there are fe-
v^ral Brothers, they all fnall have equal Shares,
If there be no Brother by the fame Parents, it fhall go to the Brother by a
different Mother; if there is but One Brother, he fhall have the whole; if there
are fcveral Brodiers, they all fhall have equal Shares.
If there be Three, Four, or more Brothers, and among them, Two are Bro-
thers by Blood, and the reft, Brothers by a different Mother, who have all fe-
parated
( 33 )
parated from each other, among thefe, if the Malf-Brother returns to live as
a Companion, and the Brother by Blood continues feparate, then the Half-
Brother who is the Companion, and the Brother by Blood who lives feparate,
fhall inherit equal Shares-, if both the Brother byBlood, and the Half-Brother,
after Separation, return to be Companions, Property goes to the Brother by
Blood, and not to the Half-Brother ; if One Brother by Blood return?, after
Separation, to be a Companion, and the other Brothers by Blo^d continue fe-
parate, then it goes to the Brother who returned to be a Companion j and thofc
who did not return fhall not receive any Thing.
If a Parcel of Land hath not been divided among Brother?, in rhat Cafe,
both the Brother by Blood, and the Half-Brother, who, after Separation, have
all returned again to live together, fhall receive equal Proportion of fuch
Land; alfo, if after Separation they have all continued to live feparate, they
all fhall receive equal Shares : And this Ordination, refpefbing the Separation
and Reunion of Brothers, and their Shares in confequence, holds good alfo
with refpecl to the Defendants of the Brother by Blood, and the Defendants
of the Half-Brother.
If there be no Brother, Property goes to the Son of the Brother by Blood ;
if there is but One Son of the Brother by Blood, he fhall receive the whole;
if there are feveral Sons, they all fhall have equal Shares.
If there be no Son of the Brother byBlood, it goes to the Son of the Half-
Brother; if there is but One Son of the Half-Brother, he fhall receive the
whole; if there are feveral Sons, they all fhall have equal Shares.
If there be no Son of the Half-Brother, it goes to the Grandfon of the Bro-
ther by Blood, and to the Grandfon of the Half-Brother, in equal Shares; if
among thefe there be but One Grandfon, whether of the Brother by Blood, or
of
( 34 )
of the Half- Brother, he fhall receive the whole Eftate; if there are feveral Grand-
fons, both of the Brother by Blood and of the Half-Brother, they fhall receive
equal Shares : This Ordination is according to Sewarteh Behtacharige, Jcimoot
Biihun, and Gcpsid Punchanun, and is approved (or cuftomary in this Kingdom:)
Sirree Kijben Ttrkalungkar fays, " That in cafe a Grandfon of the Brother by
Blood be alive, the Grandfon of the Half-Brother fhall not receive any Share
of the Property."
If there be no Brother's Grandfon, it goes to the Sifter's Son ; if there is
but One Siller's Son, he fliall receive the whole ; if there are feveral Sifter's
Sons, they all fhall have equal Shares.
If there be no Sifter's Son, it goes to the Grandfather ; if there is no
Grandfather, it goes to the Father's Mother ; if there be no Father's Mother,
to the Paternal Uncle ; if there be but One Paternal Uncle, he fhall obtain
the wholes if there are feveral Paternal Uncles, they all fhall receive equal
Shares.
If there be no Paternal Uncle, it goes to the Paternal Uncle's Son ; if
there be but One Paternal Uncle's Son, he fliall receive the whole ; if there
are feveral Paternal Uncle's Sons, they all fliall obtain equal Shares.
If there be no Paternal Uncle's Son, it goes to the Paternal Uncle's Grand-
fon ; if ihere be but One Paternal Uncle's Grandfon, he fhall obtain the
whole •, if there are feveral Paternal Uncle's Grandfons, they all fhall receive
equal Shares.
If there be no Paternal Uncle's Grandfon, it goes to the Son of the Grand-
father's Daughter ; if there is but One Grandfather's Daughter's Son, he fhall
receive
( 35 )
receive the whole-, if there are feveral Grandfather's Daughter's Sons, the;
all receive equal Shares.
If there be no Grandfather's Daughter's Son, it goes to the Son of the Pa-
ternal Uncle's Daughter; if there is but One Paternal Uncle's D r's Son,
he receives the whole; if there are
they all fhall obtain equal Shares.
i^HLVl , 11 111V.1V. lO WL4 1. V11V X ULLlilJl V_J11'_,V_ O IVUU^.1
he receives the whole; if there are feveral Paternal Uncle's Daughter's Sons,
If there be no Paternal Uncle's Daughter's Son, it goes to the Grand-
father's Father; if there be no Grandfather's Father, to the Grandfather's
Mother; if there be no Grandfather's Mother, to the Grandfather's Brother;
if there is but One Grandfather's Brother, he obtains the whole; if there be
feveral Grandfather's Brothers, they lhall all receive equal Shares.
If there be no Grandfather's Brother, it goes to the Grandfather's Brother's
Son; if there is but One Grandfather's Brother's Son, he ihall obtain the
whole; if there be feveral Grandfather's Brother's Sons, they all fliall have
equal Shares.
If there be no Grandfather's Brother's Son, it goes to the Grandfather's
Brother's Grandfon; if there is but One Grandfather's Brother's Grandion,
he fhall obtain the whole; if there are feveral Grandfather's brother's Grand-
fons, they all fhall receive equal Shares.
If there be no Grandfather's Brother's Grandfon, it goes to the Grandfa-
ther's Father's Daughter's Son; if there is but One Grandfather's Father's
Daughter's Son, he fhall receive the whole; if there are feveral Grandfather's
Father's Daughter's Sons, they all fhall receive equal Shares.
B b If
( 36 )
If there be no Grandfather's Father's Daughter's Son, it goes to the Mother's
Father-, if there be no Mother's Father, it goes to the Maternal Uncle-, if there
is but One Maternal Uncle, he fhall receive the whole; if there are feveral
Maternal Uncles, they fhall all have equal Shares.
If there be no Maternal Uncle, it goes to the Maternal Uncle's Son; if
there is but One Maternal Uncle's Son, he receives the whole; if there are fe-
veral Maternal Uncle's Sons, they fhall all have equal Shares.
If there be no Maternal Uncle's Son, it goes to the Maternal Uncle's
Grandfon ; if there be but One Maternal Uncle's Grandfon, he receives the
whole; if there are feveral Maternal Uncle's Grandfons, they all fhall obtain
equal Shares.
If there be no Maternal Uncle's Grandfon, it goes to the Grandfbn's Grand-
fon-, if there be but One Grandfbn's Grandfon, he fhall obtain the whole; if
there are feveral Grandfbn's Grandfons, they fhall all receive equal Shares.
If there be no Grandfon's Grandfon, it goes to the Grandfon's Grandfbn's
Son-, if there be but One Grandfon's Grandfon's Son, he fhall obtain the
whole-, if there be feveral Grandfon's Grandfon's Sonc, they fhall all receive
equal Shares.
If there be no Grandfon's Grandfon's Son, it goes to the Grandfon's Grand-
fon's Grandfon; if there is but One Grandfon's Grandfon's Grandfon, he fhall
obtain the whole; if there are feveral Grandfon's Grandfon's Grandfons, they
all (hall obtain equal Shares.
If
( 37 )
If there be no Grandfon's Grandfon's Grandfon, it goes to the Grandfather's
Grandfather; if there be no Grandfather's Grandfather, it goes to the Grand-
father's Paternal Uncle-, if there is but One Grandfather's Paternal Uncle, he
fhall obtain the whole ; if there be feveral Grandfather's Paternal Uncles,
they fliall all receive equal Shares.
If there be no Grandfather's Paternal Uncle, it .qroes to the Grandfather's-
Paternal Uncle's Son; if there is but One Grandfather's Paternal Uncle's Son,
he fhall obtain the whole; if there are feveral Grandfather's Paternal Uncle's
Sons, they fliall all have equal Shares.
If there be no Grandfather's Paternal Uncle's Son, it goes to the Grandfa-
ther's Paternal Uncle's Grandfon; if there is but One Grandfather's Paternal
Uncle's Grandfon, he fhall have the whole; if there are feveral Grandfather's
Paternal Uncle's Grandfons, they fhall all receive equal Shares..
If there be no Grandfather's Paternal Uncle's Grandfon, it goes to the
Grandfather's Grandfather's Daughter's Son ; if there is but One Grandfather's
Grandfather's Daughter's Son, he fhall receive the whole; if there are feveral
Grandfather's Grandfather's Daughter's Sons, they fhall all receive equal Shares.
If there be no Grandfather's Grandfather's Daughter's Son, it goes to the
Grandfather's Grandfather's Father; if there be no Grandfather's Grandfather's
Father, it goes to the Grandfather's Grandfather's Brother; if there is but One
Grandfather's Grandfather's Brother, he fhall receive the whole; if there are
feveral Grandfather's Grandfather's Brothers, they fhall all receive equal Shares,
If there be no Grandfather's Grandfather's Brother, it goes to the Grand-
father's Grandfather's Brother's Son; if there is but One Grandfathers"
Grandfather's-
( 38 )
Grandfather's Brother's Son, he fhall receive the whole; if there be feveral
Grandfather's Grandfather's Brother's Sons, they fhall all receive equal Shares.
If there be no Grandfather's Grandfather's Brother's Son, it goes to the
Grandfather's Grandfather's Brother's Grandfon; if there be but One Grand-
father's Grandfather's Brother's Grandfon, he fhall obtain the whole; if there
are feveral Grandfather's Grandfather's Brother's Grandfons, they fhall all re-
ceive equal Shares.
If there be no Grandfather's Grandfather's Brother's Grandfon, it goes to
the Grandfather's Grandfather's Father's Daughter's Son; if there is but One
Grandfather's Grandfather's Father's Daughter's Son, he fhall receive the
whole; if there are feveral Grandfather's Grandfather's Father's Daughter's
Sons, they fhall all receive equal Shares.
If there be no Grandfather's Grandfather's Father's Daughter's Son, it goes
to the Grandfather's Grandfather's Grandfather; if there be no Grandfather's
Grandfather's Grandfather, it goes to the Grandfather's Grandfather's Father's
Brother; if there is but One Grandfather's Grandfather's Father's Brother, he
fhall obtain the whole; if there are feveral Grandfather's Grandfather's Father's
Brothers, they fhall all have equal Shares.
If there be no Grandfather's Grandfather's Father's Brother, it goes to the
Grandfather's Grandfather's Father's Brother's Son; if there is but One Grand-
father's Grandfather's Father's Brother's Son, he fhall receive the whole; if
toere are feveral Grandfather's Grandfather's Father's Brother's Sons, they
fhall all receive equal Shares.
If there be no Grandfather's Grandfather's Father's Brother's Son, it goes
to the Grandfather's Grandfather's Father's Brother's Grandfon; if there is
but
( 39 )
but One Grandfather's Grandfather's Father's Brother's Grandfon, he ihall re-
ceive the whole; if there be feveral Grandfather's Grandfather's Father's Bro-
ther's Grandfons, they (hall all have equal Shares.
If there be no Grandfather's Grandfather's Father's Brother's Gnndfcn, it
goes to the Grandfather's Grandfather's Grandfather's Daughter's Son; if there
be but One Grandfather's Grandfather's Grandfather's, Daughter's Son, he ftiail
obtain the whole; if there are feveral Grandfather's Grandfather's Grand fat h
Daughter's Sons, they fhall all receive equal Shares.
If there be no Grandfather's Grandfather's Grandfather's Daughter's Son,
it goes then to any One of the Family who is the next near Relation 5 if there,
be no near Relation,. it goes to One of diftant Affinity; if there be none of tKefe
alfo, then the Magi (Irate fhall obtain the EfFe&s of the Chebteree, the Sooder^ and
theBice; and the Property of xhtBramin goes to thePerfon who gave the Deceafed
the Goiteree: (The Goiteree means a Charm, or Hindoo Incantation, which is
taught the Bramifj, at theTime of inverting him with the Brc.minical Thread.)
In default of him, it goes to the Pupil whom the Deceafed infh lifted in the
Science of the Beids\ if there is but One Pupil, he fhall receive the whole; if
there are feveral Pupils, they fhall all receive equal Shares.
If there be noPupil, it. goes to the Fellow Student, with whom the Deceafed
learned the Science under the fame Tutor; if there is but One Fellow Student,
he fhall receive the whole; if there, are feveral Fellow Students, they fhall all.
obtain equal Shares.
If there be no Fellow Student, it goes to the learned Bramin of the Village
where the deceafed Bramin had hisRefidence; if there is no le&rncdBramin there,
C c the
( 40 )
the unlearned Bramins in that Village fhall obtain it; if there are no Bramins in
thatVillage, the Bramins living in the Environs of that Village fhall receive it,
Tub Magiftrate fhall never receive the Effects of a Bramin.
SECT. II.
Of Dividing the Property of the Berhemcharry, the Sinajfee^
and the Bd?i Perufi.
If a Berhemcharry dies, the Man who taught the Deceafed the Incantation
Goiteree fhall obtain his Effects ; in default of him, another Berhemcharry fhall
receive them.
He is called a Berhemcharry, who, after affuming the Braminical Thread, re-
mains in the Defart Twelve Years, in the Prefence of his Theological Inftru&or,
applying himfelf to the Study of the Science of the Beids, and who, in all that
Time, kes the Face of Men of no other Tribe, but only of the Bramins, and
who employs himfelf wholly in the Worfhip of God.
If a Sinajfee dies, his Effects go to his Pupil in Religion; in default of him,
to another Sinajfee.
He is a Sinajfee, who, after affuming the Braminical Thread, cuts and fhaves
all the Hair from his Head, burns the Braminical Thread, and cloathing him-
felf in Two Red Cloths, and, carrying a Bamboo Staff of his own Height, in
his Right-Hand, and an Earthen Pot in his Left, forfakes his Wife and
Children, and becomes a Fakeer,
( 4t )
If a Ban Perufi dies, the Man who was his Fellow Worfhipper, in trie fame
confecrated Ground, lhall receive his Property ; in default of him, it fliall go
to another Ban Perufi.
He is a Ban Perufi^ who, after the Expiration of his Fiftieth Year of Life,
renounces the World, and, dedicating himfelf wholly to the Worfhip of God
in the Defart, returns no more to. his ov/n Houfe.
SECT. HI.
Of a Woman s Property.
That is called a Woman's Property, Firft, Whatever fhe receives during
■the Ayammi Shadee (or Days of Marriage,)
The Ayammi Shadee begins with the Nandee Mookheh, (the Nandee Mockbeb
is when the Bridegroom, before the Marriage Exhortation is pronounced, per-
forms the Fateheb Buzurgwar*) and ends with the Puntubbee-baden^ that is, the
Salute of Refpect made to the Bridegroom by the Bride. The Space of
Time, thus limited, is called the Ayammi Shadee.
Whatever me may receive from any Perfon, as Ihe is going to her Huf-
band's Houfe, or coming from thence.
Whatever
• The Fateheh Buzurgwar is an Offering made by a Man to the Priefts, for the Repofe of the
Souls of his Father, his Grandfather, Is'c,
( 42 )
Whatever her Hufband may at any Time have given her; whatever
ihe has received at any Time from a Brother; and whatever her Father and
Mother may have given her.
Whatever her Hufband, on his contracting a Second Marriage, may give
her, to parity her.
Whatever a Perfon may have given a Woman for Food or Cloathing.
Whatever Jewels, or Wearing-Apparel, me may have received from any
Perfon.
Also, whatever a Woman may receive from any Perfon, as an Acknow-
ledgment, or Payment, for any Work performed by her.
Whatever fhe may by Accident have found any where.
Whatever fhe may gain by Painting, Spinning, Needle- Work, or any
other Employment of this Kind.
Except from One of the Family of her Father, One of the Family of her
Mother, or One of the Family of her Hufband, whatever fhe may receive
from any other Perfon.
Also, if the Father or Mother of a Girl give any Thing to their Son-in-
I.aw, faying, at the fame Time, " This mall go to our Daughter," and even
without any Words to this Purpofe, at the Time of making the Gift, if they
merely have it in their Intentions, that the Thing thus given fhould revert to
their Daughter : All and every of thefe Articles are called a Woman's Property.
If
( 43 )
Tf among thefe Articles here fpecified, a Woman's Hufband fhould have
given her Glebe Land, Orchards, or Houfes, if (he has gained any Thing by
her own Induftry, in Painting, Spinning, Needle-Work, and fuch Employ-
ments, and, exclufive of the Family of her Father, her Mother, or her Huf-
band, if fhe has received any Thing from any other Perfon, thefe Things,
thus received, are not in her own Difpofal; all her other Effect', except whit
is gotten by the Three Methods above-mentioned, may be difpofed of in any
Manner agreeable to her own Inclinations-, but of Glebe Land, Orchards, and
Houfes, of the Money gained by Painting, and fuch Employments, and of the
Prefents given her by Strangers, (lie has not the Right of Difpofal: And if a
Woman does not leave her Property acquired by thefe Three Methods, or by
the other Means already fpecified, to her Father, her Brother, or her Son, they
mall not obtain it.
If, during the Time of a Famine, or for the Execution of fome religious
Purpofe, or on Account of Sicknefs, or to fatisfy the importunate Demands
of a Creditor,who has proceeded fo far as to feize his Debtor, and confine him
•without Victuals, the Hufband fhould appropriate to himitlf his Wife's Pro-
perty, without her Leave, he is juftifiable, nor is he obliged to return or repay
what is fo appropriated; but in Times of Plenty and Profpericy, he has not
Power to take it; and if in Times of Plenty he takes it without Leave of his
Wife, he mull repay her both Principal and Intercft; if he takes it by her
Confent,, he fhall only return what he originally borrowed.
If a Man takes the Property of One of his Wives, and remains attached to
.a Second, without behaving with proper Civility to the Firft, the Magiilrate
fhall caufe her Property to be rtftored to her.
Dd If
( 44- I
If a Hulband neglects to give his Wife neceffary Victuals and Apparel, me
ihall procure them by any Means in her Power.
Whatever Woman be of a Difpofition altogether malevolent, or wanting
in female Modefty, or carelefs of her Property, or un.chafte, fuch Woman is
incapable of poffcffing what has been fpecified to be a Woman's Property.
SECT. IV.
Of the Inheritance of a Woman s Property.
When a Woman dies, then whatever Effects fhe acquired during the
Ayamm Skadee, even though fhe hath a Son living, mail firfl go to her unmarried
Daughter; if there is but One unmarried Daughter, fixe lhall obtain the whole;
if there are feveral unmarried Daughters, they all Ihall have equal Shares.
And an unmarried Daughter, who has inherited her Mother's Effects, and
afterwards marries, if (he mould die without having borne a Son, thofe Effects
do not go to her Hufband, but the Sifters of the faid Daughter fhall obtain
them; if the Daughter fhould leave a Son, at her Death, that Son fhall. receive
an equal Share of his Mother's Property from her Sifters.
If there be no unmarried Daughter, then it fhall go in equal Shares to the
Daughter who has Children, and to the Daughter who will have- Children ; of
thefe, if there is but One Daughter, fhe lhall obtain the whole Property $ if
there are feveral Daughters, they fhall all receive equal Shares.
If
( 45 )
If there arc none of thefe, then it fhall go in equal Shares to the barren
Daughter, and to the Daughter who is a childlcfs Widow.
If there are no barren Daughters or childlefs Widow, it ftull go to the Son ;
if there is but One Son, he fhall obtain the whole -, if there are feveral Son-,,
they fhall all receive equal Shares.
If there be no Son, it goes to the Daughter's Son -, if there is but One
Daughter's Son, he receives the whole \ if there are feveral Daughter's Sons,
they fhall have equal Shares.
If there be no Daughter's Son, it goes to the Grandfon, i: e. Son's Son ; if
there is but One Grandfon, he receives the whole ; if there are feveral Grand -
fons, they all obtain equal Shares.
If there be fto Grandfon, it goes to the Grandfon's Son ; if there be but
One Grandfon's Son, he fhall receive the whole; if there are feveral Grandfon's
Sons, they all obtain equal Shares.
If there be no Grandfon's Son, it goes to the Hufband's Son by anotherWife ;
if there is but One Son of the Hufband by another Wife, he (hall obtain the
whole ; if there are feveral Sons of the Hufband by another Wife, they all
receive equal Shares.
If there be no Son of the Hufband by another Wife, it goes to the Grand-
fon of the Hufband by another Wife-, if there is but One Grandfon of the
Hufband by another Wife, he obtains the whole •, if there are feveral
Grandfons of the Hufband by another Wife, they (hall all receive equal Shares.
I*
( 46 )
If there be no Grandfon of the Hufband by another Wife, it goes to the
■Grandfon 's Son of the Hufband by another Wife; if there is but One Son
of the Grandfon of the Hufband by another Wife, he fhall receive the whole :
if there be feveral Grandfon's Sons of the Hufband by another Wife, they fhall
all receive equal Shares.
If there be no Grandfon's Son of the Hufband by another Wife, then, inFive
of the Forms of Marriage, whatever Property a Woman may have acquired^
after her Death, goes to her Hufband.
Explanation of thofe Five Forms of Marriage.
I. Berameh.
II. Deeyb.
III. Arjb.
IV. Kandehtub.
V. Perajapul.
Firft. Berameh, fo called, when a Father, with much Entreaty and Impor-
tunity, has procured a Bridegroom of Diftinction, and, on that Account,
making magnificent Nuptial P.refents, marries him to his Daughter.
Second. Deeyb) fo called,when the Jugg is firft performed: (The Jugg is thus
.celebrated-, they pitch a Tent upon a feledt Spot of Ground, and make a Fire
there •, then they pour Ghee upon the Fire, uttering at the fame Time certain
jPrayers to their Deities: For the Duchnch of this Ceremony, the Parents deck
out
f 47 )
out theft Daughter with fine Ornaments and handiome Cloaths, and give I i
in Marriage to the Bramin: The Duchncb is that Prefcnt which a Man gives to
z Bramin^vhom he has procured to pray for him; in this Caff, the Daughter is
in lieu of that Prefcnt.)
Tbirdi ArJJj, fo called, when the Parents of a Girl receive One Bull and
One Cow from the Bridegroom, on his marrying their Daughter.
Fourth. Khndehrub, fo called, when* a Man and Woman, by mutual Confent,
interchange their Necklaces, or Strings of Flowers, and both makeAgreemcnt,
in fome fecret Place ; as for Inftance, the Woman fays, " I am become your
Wife," and the Man fays, " I acknowledge it.'*
Fifth. Perajapitt, fo called, when the Parents of a. Girl, upon her Marriage,
fay to the Bridegroom, " Whatever A<5t of Religion you perform, perform it
with our Daughter," and the Bridegroom aiTents to this Speech.
If there be no Hufband, aWoman's Property goes to her Brother; if there
is but One Brother, he mall obtain the whole-, if there are feveral Brothers,
they all have equal Shares.
If there be no Brother, it goes to her Mother; if there be no Mother, it
goes to her Father.
And under the other Three Forms of Marriage, whatever Property a
Woman has acquired, if there be no unmarried Daughter, nor other Heirs,
till after the Grandfon's Son of the Hufbnnd by another Wife, as hath been
already fpecified, after her Death, goes to her Mother ; if there be no Mother,
it goes to her Father ; if there be no Father, to her I Iufband.
E e LxphnctUn
( +8 ■)
Explanation cf the other Three Forms of Marriage.
I. AJhon.
II. Rakbus.
III. Peftach.
Firjl. Afore, fo called, when a Man gives Money to a Father and Mother,
on his marrying their Daughter, and alfo gives Something to the Daughter
herfelf.
Second. Rakbus, fo called, when a Man marries the Daughter of another,
whom he has conquered in War.
Third. Peipach, fo called, when, before Marriage, a Man, coming in the
Drefs and Difguife of a Woman, debauches a Girl, and afterwards the Mo-
ther and Father of the Girl marrv her to the fame Man.
After this Account of a Woman's Heirs, under the Eight different Forms
of Marriage, which have been explained in Two Sections, if none, within the
Limitations there fpecifled, Should remain, then the Property of a Woman
goes, after her Death, to her Huiband's Younger Brother ; if there is but
One Younger Brother, he receives the whole j if there are feveral Younger
Brothers, they all obtain equal Shares.
If there be no Younger Brother of her Hufband, it goes in equal Shares to
the Son of her Hufband's Younger Brother, and to the Son of her Hufband's
Jrllder Brother.
If
( 49 )
If there be none of thefe, it goes to her Sifter's Sot;, if there is but One
Sifter's Son, he receives the whole; if there are feveral Sifter's Sons, they
fhall all have equal Shares.
If there be no Sifter's Son, it goes to her Hufband's Sifter's Son; if there
is but One Hufband's Sifter's Son, he receives the whole; if there are feveral
Hufband's Sifter's Sons, they all have equal Shares.
If there be no Hufband's Sifter's Son, it goes to her Brother's Son; if
there is but One Brother's Son, he receives the whole; if there are feveral Bro-
ther's Sons, they fhall all have equal Shares.
If there be no Brother's Son, it goes to her Daughter's Hufband ; if there
is but One Daughter's Hufband, he fhall receive the whole; if there are
feveral Daughter's Hufbands, they fhall all obtain equal Shares.
If there be no Daughter's Hufband, it goes to her Hufband's Father; if
there be no Hufband's Father, it goes to her Hufband's Elder Brother-, if
there is but One Elder Brother of herHufband, he receives the whole-, if there
are feveral Elder Brothers of the Hulband, they all obtain equal Shares.
If there be no Elder Brother of her Hufband, it goes to her Hufband's
Brother's Grandfon; if there is but One Hufband's Brother's Grandfon, he
fhall receive the whole; if there are feveral Hufband's Brothers Grandfons,
they all have equal Shares.
If there be noHufband'sBrother's Grandfon, it goes to theFIufband'sGrand-
father; if there be no Grandfather of her Hufband, it goers to the Hufoand's
Paternal Uncle; if there is but On? Paternal Uncle of her Hufband, he fhall
receive
( 5° )
receive the whole-, if there are feveral Hufband's Paternal Uncles, they all
fhall obtain equal Shares.
Ir there be no Hulband's Paternal Uncle, it goes to her Hufband's Pater-
nal Uncle's Son; if there is but One Hulband's Paternal Uncle's Son, he fhall
receive the whole-, if th.re are feveral Hulband's Paternal Uncle's Sons, they
fhall all obtain equal Shares.
If there be no Hufband's Paternal Uncle's Son, it goes to her Hulband's
Paternal Uncle's Grandfon ; if there is but One Hulband's Paternal Uncle's
Grandlbn, he fhall obtain the whole ; if there are feveral Hulband's Paternal
Uncle's Grandf ns, they fhall all receive equal Shares.
Ir there be no Hufband's Paternal Uncle's Grandfon, it goes to her Huf-
band's Grandfather's Father •, if there be no Hulband's Grandfather's Father,
it goes to her Hufband's Grandfather's Brother; if there is but One Brother
of her Hufband's Grandfather, he receives the whole •, if there are feveral
Hufband's Grandfather's Brothers, they fhall all receive equal Shares.
Ir there be no Hufband's Grandfather's Brother, it goes to her Hufband's
Grandfather's Brother's Son -, if there is but One Hulband's Grandfathers
Brother's Son, he obtains the whole , if there are feveral Hufband's Grand-
father's Brother's Sons, they fhall all receive equal Shares.
If there is no Hufband's Grandfather's Brothers Son, it goes to her Huf-
band's Grandfather's Brother's Grandfon •, if there is but One Hufband's
Grandfather's Brother's Grandfon, he receives the whole; if there are feveral
Hufband's Grandfather's Brother's Grandfons, they all have equal Shares.
If there be no Hufband's Grandfather's Brother's Grandfon, it goes to her
Hulband's Grandfon's Grandfon ; if there is but One Hufband's Grandfon's
Grandfon,
( 5< )
Grandfon, he obtains the whole ; if there are feveral Hufband's Grandfon'^
Grandfons, they all receive equal Shares.
If there be no Hufband's Grandfon's Grandfon, it goes to her Hufband's
Grandfon's Grandfon's Son ; if there is but One Hufband's Grandfon's Grand-
fon's Son, he receives the whole ; if there are feveral Hufband's Grandfon's
Grandfon's Sons, they fhall all obtain equal Shares.
. If there be no Hufband's Grandfon's Grandfon's Son, it goes to the Huf-
band's Grandfon's Grandfon's Grandfon; if there is but One Hufband's
Grandfon's Grandfon's Grandfon, he fhall obtain the whole-, if there are feveral
Hufband's Grandfon's Grandfon's Grandfons, they all have equal Shares.
If there be no Hufband's Grandfon's Grandfon's Grandfon, it goes to her
Hufband's Grandfather's Grandfather-, if there be no Hufband's Grandfather's
Grandfather, it goes to her Hufband's Grandfather's Father's Brother-, if there
is but One Hufband's Grandfather's Father's Brother, he fhall receive the
whole-, if there are feveral Hufband's Grandfather's Father's Brothers, they
fhall all obtain equal Shares.
If there be no Hufband's Grandfather's Fathei's Brother, it goes to the
Hufband's Grandfather's Father's Brother's Son; if there is but One Hufband's
Grandfather's Father's Brother's Son, he obtains the whole; if there are feve-
ral Hufband's Grandfather's Father's Brother's Sons, they fhall all receive
equal Shares.
If there be no Hufband's Grandfather's Fathei's Brother's Son, it goes to
her Hufband's Grandfather's Father's Brcther's Grandfon; if there is but One
Hufband's Grandfather's Fathers Brother's Grandfon, he fhall obtain the
F f whole ;
(• j» )
whole j if there are feveral Flufband's Grandfather's Father's Brother's Grande
Tons, they fhall all receive equal Shares^
If there be no Hufband's Grandfathers Father's Brother's Grandfon, it goes
to her Hufband's Grandfather's Grandfather's Father; if there be no Hufband'^
Grandfather's Grandfather's Father, it goes to her Hufband's Grandfather's
Grandfather's Brother; if there is but One Hufband's Grandfather's Grandfa-
ther's Brother, he takes the whole; if there are feveral Hufband's Grandfather's
Grandfather's Brothers, they all receive equal Shares*-
If there be no Hufband's Grandfather's Grandfather's Brother, it goes to-
her Hufband's Grandfather's Grandfather's Brother's Son; if there be but
One Hufband's Grandfather's Grandfather's Brother's Son, he receives the
whole; if there are feveral Hufband's Grandfather's Grandfather's Brother's
Sons, they fhall all obtain equal Shares.
If there be no Hufband's Grandfather's Grandfather's Brothers Son, it
goes to her Hufbind's Grandfather's Grandfather's Brother's Grandfon; if
there is but One Hufband's Grandfather's Grandfather's Brother's Grandfon,
lie fhall obtain the whole; if there are feveral Flufband's Grandfather's
Grandfather's Brother's Grandfons, they all fhall have equal Shares.
If there be no Flufband's Grandfather's Grandfather's Brother's Grandfon,
it goes to her Hufband's Grandfather's Grandfather's Grandfather; if there
be no Hufbind's Grandfather's Grandfather's Grandfather, it goes to her
Husband's Grandfather's Grandfather's Father's Brother; if there is but One
Hufband's Grandfather's Grandfather's Father's Brother, he fhall obtain the
whole; if there are feveral Hufband's Grandfather's Grandfather's Father's
Brothers, they all receive equal Shares.
h
( 53 )
If there be no Hufband's Grandfather's Grandfather's Father's Brother, it
goes to her Hufband's Grandfather's Grandfather's Father's Brother's Son-, if
there is but One Hufband's Grandfather's Grandfather's Father's Brother's Son,
he fhall receive, the whole ; if there are feveral Hufband's Grandfather's Grand'
father's Father's Brother's Sons, they fhall all have equal Shares.
If there be no Hufband's Grandfather's Grandfather's Father's Brother's'
Son,, it goes to the PI ulband's Grandfather's Grandfather's Father's Brother's
Grandfon; if there is but One Hufband's Grandfather's Grandfather's Father's
Brother's Grandfon, he obtains the whole; if there are feveral Hufband's-
Grandfather's Grandfather's Father's Brother's Grandfons, they fhall all obtain,
equal Shares. .
If there be no Hufband's Grandfather's Grandfather's Father's Brother's
Grandfon, it then goes to any One of her Hufband's Family who is the
next near Relation •, if there be no near Relations, it goes to any One of diflant
Affinity •, if there, be none of thefe alio, then the Magiftrate fhall obtain the;
Property of the Wife of a Chehteree, a Sooder, or zBicc : And the Property of
the Wife of a Bramin goes to the learned Bramins of the Village where fhe
had her Refidence ; if there are no learned Bramins in the Village, fhe fhall
give it to the unlearned Bramins ; if alio there be no unlearned Bramins
there, fhe fhall give it to the Bramins of the Environs.
The Magiftrate fhall never obtain the Property of a Bramin\ Wife
The Property of a Woman (exelufive of what fhe received during the
Aycimmi Shadce^ and exelufive of what her Father may have given her, before or
after Marriage) goes,. after her Death, to her unmarried Daughter, and to her.
Son, in equal Shares > if there is no Son, the Daughter obtains the whole •, if'
there.
( 54- )
there is no Daughter, the Son obtains the whole j if there are feveral of thefe,
.they fhall all obtain equal Shares.
If there are none of thefe, then the Daughter who has borne Children, and
the Daughter who will bear Children, fhall receive equal Shares ; if of thefe
there is only One Daughter, (he obtains the whole j if there are feveral, they
all fhall pofTefs equal Shares.
If there are none of thefe, it goes to the Grandfon (/. e. Son's Son) if there
is but One Grandfon, he receives the whole -t if there are feveral Grandfons,
they receive equal Shares.
If there is no Grandfon, it goes to the Daughter's Son ; if there is but One
Daughter's Son, he obtains the whole ; if there are feveral Daughter's Sons,
they fhall all obtain equal Shares.
If there is no Daughter's Son, it goes to the Grandfon's Son •, if there is
but One Grandfon's Son, he fhall take the whole ; -if there are feveral Grand-
fen's Sons, they fhall all obtain equal Shares.
If there is no Grandfon's Son, it goes to the Hufband's Son by another
Wife ; if there is but One Son of the Hufband by another Wife, he fhall
obtain the whole-, if there are feveral Sons of ihe Hufband by another Wife,
they fhall receive equal Shares.
If there is no Son of the Hufband by another Wife, it goes to the Grand-
fori of the Hufband by anotherWife ; if there is but One Grandfon by another
Wife, he fhall obtain the whole; if there are feveral Grandfons of the Huf-
band by another Wife, they fhall all receive equal Shares.
If
( 55 )
If there is no Grandtbn of the Hufband by another Wife, It goes to the
Grandfon's Son of the Ilufband by another Wife ; if there is but One Gr^nJ-
fon's Son of the Ilufband by another Wife, he takes the whole ; if there are.
feveral Grandfon's Sons of the Hufband by another Wife, they {hall all
receive equal Shares.
If there is no Grandfon's Son of the Hufband by another Wife, it goes to
the barren Daughter, and to the Daughter who is a childlefs Widow, in equal
Shares •, if of thefe there is but One Daughter, fhe fhall obtain the whole •, if
there are feveral Daughters, they muft take equal Shares.
If there are none cf thefe, then the Property of every Woman who was mar-
ried according to any One of the Five firft Forms of Marriage goes to her
Hufband; if there is no Hufband, to her Brother ; if there is but One Brother,
he receives the whole; if there are feveral Brothers, they muft take equal Shares.
If there is no Brother., it goes to her Mother; if there is no Mother, it
goes to her Father ,; if there is no Father, then the Property of a Woman who
was married .according to any One of the Three laft Forms ofMarriao-e, goes,
after her Death (if there be no Daughter or other Heir within the Limits
already before-mentioned) to her Mother ; if there is no Mother, to her Father i
if there is no Father, it goes to her Flufband.
If there be no Hufband, then the Property of every Woman who was married
.according to anyOne of the Eight Forms of Marriage goes, after her Death, to
her Hufband's Younger Brother; if there is but One Younger Brother of her
Hufband, he mall receive the whole; if there are feveral Younger Brothers of
her Flufband, they muft take equal Shares.
G £ If
5
( 5& )
Ir there Is no Younger Brother of her Hufband, then it goes, in equal
Shares, to her Hufband's Elder Brother's Son, and to her Hufband's Younger
Brother's Son-, if there is but One Son of her Hufband's Elder Brother, or
One. Son of her Hufband's Younger Brother, he fhall take the whole; if there
are feveral, they fhall all receive equal Shares.
If there is no Son of her Hufband's Younger Brother, nor Son of her Huf-
band's Eider Brother, it goes to her Sifter's Son; if there is but One Sifter's
Son, he mall take the whole; if there are feveral Sifter's Sons, they fhall all
obtain equal Share?.
If there be no Sifter's Son, it goes to her Hufband's Siller's Son; if there is
but One Hufband's Sifter's Son, he fhall take the whole; if there are feveral
J^Iufband's Sifter's Sons, they (hall all receive equal Shares.
If there be no Hufband's Sifter's Son, it goes to her Brother's Son; if there
is but One Perfon her Brother's Son, he fhall take the whole; if there are fe-
veral Brother's Sons, they all receive equal Shares.
If there is no Brother's Son, it gees to her Daughter's Hufband; if there is
but One Daughter's Hufband, he (hall receive the whole; if there are feveral
Daughter's Hufbands, they fhall all obtain equal Shares.
If there is no Daughter's Hufband, it gees to her Hufband's Father; if
there is no Hufband's Father, it goes to her Hufband's Elder Brother; if there
is but One Elder Brother of her Hufband, he fhall take the whole; if there are
feveral Elder Brothers of her Huiband, they fhall receive equal Shares.
If there is no Elder Brother of her Husband, it goes to her Hufband's Bro-
ther's Grandfonj if there is but One Hufband's Brother's Grandlbn, he fhall
take
( 57 )
take the whole* if there arc feveral Hufband's Brother's Grandfons, they all
have equal Shares.
If there is no Hufband's Brother's Grandfon, it goes to herHufband's Grand-
father j if there is no Hufband's Grandfather, it goes to her Hufband's Pater-
nal Uncle-, if there is but One Paternal Uncle of her Hufband, he fhall re-
ceive the whole-, if there are feveral Paternal Uncles of her Hufband, they
fhall take equal Shares.
If there is no -Paternal Uncle of her Hufband, it goes to her Hufband's
Paternal Uncle's Son; if there is but One Son of her Hufband's Paternal
Uncle, he fhall receive the whole; if there are feveral Sons of her Hufband's
Paternal Uncle, they receive equal Shares.
If there is no Hufband's Paternal Uncle's Son, it goes to her Hufband's,
Paternal Uncle's Grandibn; if there is but One Hufband's Paternal Uncle's
Grandfon, he fhall take the whole; if there are feveral Hufband's Paternal
Uncle's Grandfons, they fhall receive equal Shares.
If there is no > Hufband's Paternal Uncle's Grandfon, it goes to her Huf-
band's Grandfather's Father; if there is no Grandfather's Father of her Huf-
band, it goes to her Hufband's Grandfather's Brother; if there is but One
Brother of her Hufband's Grandfather, he fhall take the whole; if there are
feveral Brothers of her Hufband's Grandfather, they (hall receive equal Shares.
If there is no Hufband's Grandfather^. Brother, it goes to her Hufband's
Grandfather's Brother's Son; if there is but Oik Son of her Hufband's Grand-
father's Brother, he fhall take the whole; if tnere are feveral Sons of her Huf-
band's Grandfather's Brother, they fhall all receive equal Shares.
If
f 58 )
If there is no Hufband's Grandfather's Brother's Son, it goes to her Huf-
band's Grandfather's Brother's Grandfon; if there is but One Grandfon of her
Hufband's Grandfather's Brother, he fhall take the whole-, if there are feveral
-Grandfons of her Hufband's Grandfather's Brother, they fhall receive equa}
Shares.
If there is no Hufband's Grandfather's Brother's Grandfon, it goes to her
Hufband's Grandfon's Grandfon-, if there is but One Grandfon of her Huf-
band's Grandfon, he (hall take the whole; if there are feveral of her Huf-
band's Grandfon's Grandfons, they fhall all receive equal Shares.
If there is no Hufband's Grandfon's Grandfon, it goes to her Hufband's
.Grandfon's Grandfon's Son; if there is but One Hufband's Grandfon's Grand-
fon's Son, he fhall take the whole; if there are feveral Hufband's Grandfon's
cG randfon's Sons, they fhall receive equal Shares.
If there be no Hufband's Grandfon's Grandfon's Son, it goes to her Huf-
band's Grandfon's Grandfon's Grandfon; if there is but One Hufband's
Grandfon's Grandfon's Grandfon, he fhall take the whole; if there are feveral
Hufband's Grandfon's Grandfon's Grandfons, they fhall receive equal Shares.
If there is no Hufband's Grandfon's Grandfon's Grandfon, it goes to her
] lufband's Grandfather's Grandfather; if there be no Hufband's Grandfather's
Grandfather, it goes to her Hufband's Grandfather's Father's Brother; if there
•is but One Hufband's Grandfather's Father's Brother, he fhall take the whole;
af there are feveral Hufband's Grandfather's Father's Brothers, they fhall all
receive eoual Shares.
If
( 59 )
If there is no Hufband's Grandfather's Father's Brother, it goes to her
Hufband's Grandfather's Father's Brother's Son-, if there is but One Huf-
band's Grandfather's Father's Brother's Son, he fhall take the whole; if there
are feveral Hufband's Grandfather's Father's Brother's Sons, they fhall receive
equal Shares.
If there is no Hufband's Grandfather's Father's Brother's Son, it goes to
.her Hufband's Grandfather's Father's Brother's Grandfon ; if there is bat One
Hufband's Grandfather's Father's Brother's Grandfon, he fhall receive the
whole.; if there are feveral of her Hufband's Grandfather's Father's Brother's
>Grandfons, they fhall receive equal Shares.
If there is no Hufband's Grandfather's Father's Brother's Grandfon, it goes
to her Hufband's Grandfather's Grandfather's Father; if there is no Hufband's
Grandfather's Grandfather's Father, it goes to her Hufband's Grandfather's
^Grandfather's Brother; if there is but One Hufband's Grandfather's Grand-
father's Brother, he fhall take die whole; if there are feveral of her Hufband's
43 rand father's Grandfather's Brothers, .they ftiall all receive equal Shares.
If there is no Hufband's Grandfather's Grandfather's Brother, it goes to her
Hufband's Grandfather's Grandfather's Brother's Son; if there is but One Son
of her Hufband's Grandfather's Grandfather's Brother, he fhall take the whole;
if there are feveral Sons of her Hufband's Grandfather's Grandfather's Brother,
ihey fhall receive equal Shares.
If there is no Hufband's Grandfather's Grandfather's Brother's Son, it gofs
to her Hufband's Grandfather's Grandfather's Brother's Grandfon-, if there ft
but One Grandfon of her Hufband's Grandfather's Grandfather's Brother, he
H h foti
( 60 )
ihall take the whole; if there are feveral of her Hufband's Grandfather's
Grandfather's Brother's Grandfons, they all have equal Shares.
If there is no Hufband's Grandfather's Grandfather's Brother's Grandfon,
it goes to her Hufband's Grandfathei 's Grandfather's Grandfather; if there is
no Hufband's Grandfather's Grandfather's Grandfather, it goes. to her Huf-
band's Grandfather's Grandfather's Father's Brother; if there is but One Bro-
ther of her Hufband's Grandfather's Grandfather's Father, he lhall take the
whole-, if there are feveral of her Hufband's Grandfather's Grandfather's Fa-
ther's Brothers, they lhall all receive equal Shares,
If there is no Hufband's Grandfather's Grandfather's Father's Brother, it
goes to her Hufband's Grandfather's Grandfather's Father's Brother's Son; if
there is but One Son of the Hufband's Grandfather's Grandfather's Father's
Brother, he receives the whole; if there are feveral of her Hufband's Grandfa-
ther's Grandfather's Father's Brother's Sons, they fhall receive equal Shares.
If there is no Hufband's Grandfather's Grandfather's Father's Brother's
Son, it goes to her Hufband's Grandfather's Grandfather's Father's Brother's
Grandfon; if there is but One Grandfon of her Hufband's Grandfather's
Grandfather's Father's Brother, he takes the whole; if there are feveral of her
Hufband's Grandfather's Grandfather's Father's Brother's Grandfons, they fhall
receive equal Shares.
If there is no Hufband's Grandfather's Grandfather's Father's Brother's
Grandfon, it goes then to any One of her Hufband's Family who is the next
near Relation; if there be no near Relation, he who is of diftant Kindred to
her Hufband's Family fhall obtain it; if there is not any One of thefe, then the
Magiflrate fhall take the Property of theWifeofa Chehteree, a Soodcr% or a Bice:
And the Property of a^r^?w/;;'sWife fhall be given to the learned Bramins of the
Village
( 6i )
Village where the faid Bramin's Wife lived; if there be no learned Bramins in
that Village, the unlearned Bramins of that Village fhall obtain it ^ if alio there
are no unlearned Bramins in that Village, then it fhall be given to the Br ami m
of the Environs.
The Magiiirate (hall never obtain the Property of a Bramin's Wife.
Whatever a Father may have given to his Daughter, either before or after
her Marriage, fuch Property, after her Death, even though fhe hath a Son
living, goes to her unmarried Daughter; if there is but One unmarried
Daughter, fhe receives the whole ; if there are feveral unmarried Daughters,
they all receive equal Shares.
If an unmarried Daughter, having received her Mother's Effects, afterwards
marries, and then dies childlefs, that Property does not go to her Hufband, but
her Sifters fhall obtain it.
If fhe dies, leaving a Son, that Son fhall obtain from his Mother's Sifters
an equal Share with them.
If there is no unmarried Daughter, then it goes to the Daughter who has
borne Children, and the Daughter who will bear Children, in equal Shares ;
if of thefe there is but One Daughter, fhe fhall take the whole, if there are
feveral, they fhall have equal Shares.
If there are none of thefe, then it goes, in equal Shares, to the Daughter
who is barren, and to the Daughter who is a childlefs Widow ; if there is but
One barren Daughter, or childlefs Widow, fhe fhall take the whole ; if there
are feveral, they fhall obtain equal Shares.
u
( 62 )
If there is no Daughter who is barren, or a childlefs Widow, it goes to her
Son; if there is but One Son, he fhall obtain the whole; if there are feveral
Sons, they fhall have equal Shares.
If there is no Son, it goes to the Daughter's Son ; if there is but One
Daughter's Son, he fhall take the whole ; if there are feveral Daughter's
Sons, they fhall receive equal Shares.
If there is no Daughter's Son, it goes to the Grandfon ; if there is but One
Grandfon, he fh^ll take the whole ; if there are feveral Grar.dfons, they fhall
receive equal Shares.
If there is no Grandfon, it goes to the Grandfon's Son ; if there is but One
•Grandfon's Son, he fhall take the whole ; if there are ieveral Grandfon's
Sons, they fhall receive equal Shares.
If there is no Grandfon's Son, it goes to her Hufband's Son by anotherWife;
if there is but One Son of her Hufband by another Wife, he fhall take the
whole; if there are feveral Sons of her Hufband by another Wife, they fhall
receive equal Shares.
If there is no Son af her Hufband by another Wife, k goes to her Huf-
band's Grandfon by another Wife ; if there is but One Grandfon of the Huf-
band by another Wife, he fhall take the whole ; if there are feveral Grandfons
of her Hufband by another Wife, they fhall receive equal Shares.
If there is no Grandfon of her Hufband by another Wife, it goes to the
Grandfon's Son of her Hufband by another Wife; if there is but One Grand-
fon's Son of .her Hufband by another Wife, he fhall take the whole* if -there
are
( 63 )
"are feveral Grandson's Sons of the Hufband by another Wife, they all bav«
equal Shares.
If there is no Grandibn's Son of her Hufband by another Wife, then the
Property of every Woman who was married after any One of the firfl Five
Forms of Marriage goes, after her Death, to her Hufband.
If there is no Hufband, it goes to her Brother-, if there is but One Brother,
he fhall take the whole; if there are feveral Brothers, they fhall receive equal
Shares.
If there is no Brother, it goes to the Mother-, if there is no Mother, it goes
to the Father; if there is no Father, then the Property of every Woman who
was married according to any One of the Three laft Forms of Marriage goes,
after her Death (if there is no Grandfon's Son of her Hufband by another
Wife) to her Mother-, if there is no Mother, it goes to her Father; if there is
no Father, it goes to her Hufband.
If there is no Hufband, then the Property of a Woman who was married
according to anyOne of the Eight Forms of Marriage goes, after her Death, to
her Hufband's Younger Brother; if there is but One Younger Brother of her
Hufband, he fhall take the whole; if there are feveral Younger Brothers of her
Hufband, they fhall receive equal Shares,
If there is noYounger Brother of her Hufband, it goes, in equal Shares, to
her Hufband's Younger Brother's Son, and to her Hufband's Elder Brother's
Son ; if there is but One of thefe, he fhall take the whole Property ; if there
are more than One, they fhall obtain equal Shares.
If there is no Hufband's Elder Brother's Son, and no Hufband's Younger
Brother's Son, it goes to her Sifter's Son ; if there is but One Sifter's Son, he
I i fhall
( 64 )
lhall take the whole; if there are feveral Sifter's Sons, they fhall receive equal
Shares.
If there is no Sifter's Son, it goes to her Hufband's Sifter's Son-, if there is
but One Hufband's Sifter's Son, he lhall take the whole ; if there are feveral
Hufband's Sifter's Sons, they lhall all receive equal Shares.
If there is no Hufband's Sifter's Son, it goes to her Brother's Son; if there
is but One Brother's Son, he fhall take the whole; if there are feveral Brother's
Sons, they fhall receive equal Shares.
If there is no Brother's Son, it goes to her Daughter's Hufband ; if there i3
but One Daughter's Hufband, he fhall take the whole; if there are feveral
Daughter's Hufbands, they fliall obtain equal Shares.
If there is no Daughter's Hufband, it goes to her Hufband's Father ; if
there is no Hufband's Father, it goes to her Hufband's Elder Brother ; if there
is but One Elder Brother of her Hufband, he fliall take the whole; if there
are feveral Elder Brothers of her Hufband, they fliall receive equal Shares.
If there is no Elder Brother of her Hufband, it goes to her Hufband's Bro-
ther's Grandfoh ; if there is but One Hufband's Brother's Grandfon, he fliall
take the whole ; if there are feveral of her Hufband's Brother's Grandfons,
they fliall receive equal Shares.
If there is no Hufband's Brother's Grandfon, it goes to her Hufband's
Grandfather-, if there is no Hufband's Grandfather, it goes to her Hufband's
Paternal Uncle; if there is but One Paternal Uncle of her Hufband, he Hull
take the whole; if there are feveral of her Hufband's Paternal Uncles, they
.1 receive equal Shares. #
If
f 65 )
If there is no Hufband's Paternal Uncle, it goes to her Hufband's Paternal
Uncle's Son; if there is but One Son of her Hufband's Paternal Uncle, he
fhall receive the whole; if there are fcveral of her Hufband's Paternal Uncled
Sons, they all have equal Shares.
If there is no Hufband's Paternal Uncle's Son, it goes to her Hulband's
Paternal Uncle's Grandfon; if there is but One Grandlbn of her Hufband's
Paternal Uncle, "he fhall take the whole-, if there are feveral of her Hufband's
Paternal Uncle's Grandfons, they fhall all receive equal Shares.
If there is no Hufband's Paternal Uncle's Grandfon, it goes to her Huf-
band's Grandfather's Father; if there is no Hufband's Grandfather's Father,,
it goes to her Hufband's Grandfather's Brother; if there is but One Brother of
her Hufband's Grandfather, he fhall take the whole-, if there are fcveral of her
Hufband's Grandfather's Brothers, they fhall receive equal Shares.
If there is no Hufband's Grandfather's Brother, it goes to her Hufband's
Grandfather's Brother's Son-, if there is but One Son of her Hufband's
Grandfather's Brother, he fhall take the whole; if there are fcveral of her
Hufband's Grandfather's Brother's Sons, they fhall receive equal Shares.
If there is no Hufband's Grandfather's Brother's Son, it poes to her lluf-
band's Grandfather's Brother's Grandfon; if there is but One Grandfon of her
Hufband's Grandfather's Brother, he fhall cake the whole; if there are feveral
of her Hufband's Grandfather's Brother's Grandfons, they fhall all receive
equal Shares.
If there is no Hufband's Grandfather's Brother's Grandfon, it goes to her
Hufband's Grandfon's Grandfon; if there is but One Grandfon of her Huf-
band's
( 66 )
band's Grandfon, he fliall take the whole-, if there are feveral of her Huuuuid's
Grandfon's Grandfons, they fhall receive equal Shares.
If there is no Hufband's Grandfon's Grandfon, it goes to her Hufband's
Grandibn's Grandfon's Son; if there is but One Hufband's Grandfon's Grand-
fon's Son, he fhall take the whole; if there are feveral Hufband's Grandfon's
Grandfon's Sons, .they .fliall reeeive equal Shares.
Jf there is no Hufband's Grandfon's Grandfon's Son, it goes to her Huf-
band's Grandfon's Grandfon's Grandfon; if there is but One Grandfon of her
Hufband's Grandfon's Grandfon, he fliall take the whole; if there are feveral
of her Hufband's Grandfon's Grandfon's Grandfons, they fliall receive equal
Shares.
Jf there is no Hufband's Grandfon's Grandfon's Grandfon, it goes to her
Hufband's Grandfather's Grandfather; if there be no Hufband's Grandfather's
Grandfather, it goes to her Hufband's Grandfather's Father's Brother; if there
is but One Brother of her Hufband's Grandfather's Father, lie takes the whole;
if tle-e are feveral of her Hufband's Grandfather's Father's Brothers, they all
receive equal Shares.
If there is no Brother of her Hufband's Grandfather's Father, it goes to her
Hufband's Grandfather's Father's Brother's Son; if there is but One Son of
her Hufband's Grandfather's Father's Brother, he fhall take the whole; if there
are feveral of her Hufband's Grandfather's Father's Brother's Sons, they fliall
have equal Shares.
If there is no Hufband's Grandfather' Father's Brother's Son, it goes to her
Hufband's Grandfather's Father's Brother's Grandfon; if there is but One
Grandfon of he.r Hufband's Grandfather's Father's Brother, he fhall take the
whole;
( 67 )
wholej if there are (everal of her Hulband', Grandfather' r*s Brother's
Graridfons, they fliall receive equal Shai .
If there is no Hufband's Grandfather's Father** Brother's GranJfon, :t goes
to her Ilufband's Grandfather's Grandfather's Father; if there is no Hufband's
Grandfather's Grandfather's Father, it goes to her Hufband's Grandfather's
Grandfather's Brother; if there is but One Brother of her Hufband's Grandfa-
ther's Grandfather, he (lull take the whole-, if there are feveral of her Huf-
band's Grandfather's Grandfather's Brothers, they (hall receive equal Shares.
If there is no Hufband's Grandfather's Grandfather's Brother, it goes to her
Hufband's Grandfather's Grandfather's Brother's Son; if there is but One Son
of her Hufband's Grandfather's Grandfather's Brother, he fhall take the whole-,
if there are feveral of her Hufband's Grandfather's Grandfather's Brother's
Sons, they fhall receive equal Shares.
If there is no Hufband's Grandfather's Grandfather's Brother's Son, it ?oes
to her Hufband's Grandfather's Grandfather's Brother's Graridfbh; if there is
but One Grandfon of her Hufband's Grandfather's Grandfather's Brother, he
fhall take the whole; if there are feveral of her Hufband's Grandfather's
Grandfather's Brother's Grandfons, they all fhall receive equal Shares.
If there is no Hufband's Grandfather's Grandfather's Brother's Grandfon,
it goes to her Hufband's Grandfather's Grandfather's Grandfather; if there is
no Hufband's Grandfather's Grandfather's Grandfather, it goes to her Huf-
band's Grandfather's Grandfather's Father's Brother; if there is but One Bro-
ther of her Hufband's Grandfather's Grandfather's Father, he fhall take the
whole; if there are feveral of her Hufband's Grandfather's Grandfather's Fa-
ther's Brothers, they fhall receive equal Shares.
Kk I*
( 68 )
If there be no Hufband's Grandfather's Grandfather's Father's Brotherr rt
goes to her Hufband's Grandfather's Grandfather's Father's Brother's Son-, if
there is but One Son c f her Hufband's Grandfather's Grandfather's Father's
Brother, he fhall take the whole-, if there are feveral of her Hufband's Grand-
father's Grandfather's Father's Brother's Sons, they fhall receive equal Shares.
If there is no Hufband's Grandfather's Grandfather's Father's Brother's
Son, it goes to her Hufband's Grandfather's Grandfather's Father's Brother's
Grandfon; if there is but One Grandfon of her Hufband's Grandfather's
Grandfather's Father's Brother, he fhall take the whole; if there are feveral
Grandibas of her Hufband's Grandfather's Grandfather's Father's Brother,
they fhall receive equal Shares.
If there is no Hufband's Grandfather's Grandfather's Father's Brother's
Grandfon, it then goes to any One of her Hufband's Family who is the next
near Relation; if there is no near Relation, it goes to One of diftant Affinity.
If there is not any One of thefe, then the Magistrate fhall obtain the Effects
of the Wife of a Cbehter.ee-, a Scoder, or a Bice : And the Property of the Wife
of a Bramin goes to the learned Bramins of the Village where that Bramin had
his Refidencej if there is no learned Bramin, the unlearned Bramins of that
Village fh ill obtain it; if there are none of thefe alfo, then the Bramins of the
Environs mall obtain it.
The Magistrate mill never a flu me the Property of the Wife of a Bramin,
Of
( 69 )
Of Inheriting from an unmarried Girl.
When an unmarried Girl dies, her Property gees to her Brother by the
fame Parents ; if there is but One Brother by the fame Parents, he fhall take
the whole j if there are feveral Brothers by the fame Parents, they mail all
receive equal Shares.
If there is no Brother by the fame Parents, it goes to her Mother •, if there
is no Mother, it goes to her Father ; if there is no Father, it goes to her Bro-
ther by a different Mother ; if there is no Brother by a different Mother, it
goes to the Son of her Brother by the fame Parents ; if there is no Son of her
Brother by the fame Parents, it goes to the Son of her Brother by a different
Mother.
If there is no Son of her Brother by a different Mother, it goes to her
Brother's Grandfon ; if there is but One Brother's Grandfon, he fhall take the
whole; if there are feveral of her Brother's Grandlbns, they (hall receive equal
Shares.
If there is no Brother's Grandfon, it goes to her Grandfather (/. e. Father's
Father) if there is no Grandfather, it goes to her Paternal Uncle; if there
is but One Paternal Uncle, he fhall take the whole; if there are feveral
Paternal Uncles, they fhall receive equal Shares..
If there is no Paternal Uncle, it goes to the Paternal Uncle's Son; if there
is but One Paternal Uncle's Son, he fhall take the whole; if th;re are feveral
Paternal Uncle's Sons, they fhall receive equal Shares.
If
( 70 )
If there is no Paternal Uncle's Son, it goes to her Paternal Uncle's Grand-
ion ; if there is but One Paternal Uncle's Grandfon, he fhall take the whole;
if there are feveral Paternal Uncle's Grandfons, they fliall receive equal Shares.
If there is no Paternal Uncle's Grandfon, it goes to her Grandfather's Fa-
ther ; if there is no Grandfather's Father, it goes to her Grandfather's Brother;
if there is but One Brother of her Grandfather, he fliall take the whole > if
there are feveral of her Grandfather's Brothers, they fliall receive equal Shares.
"If there is no Grandfather's Brother, it gees to her Grandfather's Brother's
Son ; if there is but One Son of her Grandfather's Brother, he fliall take the
whole; if there are feveral of her Grandfather'sBrother's Sons, they (hall receive
equal Shares.
If there is no Grandfather's Brother's Son, it goes to her Grandfather's
Brothcr'iGrandfon-, if there is but One Grandfon of her Grandfather's Brother,
he fhall take the whole-, if there are feveral of her Grandfather's Brother's
Grandfons, they fhall receive equal Shares.
If there is no Grandfather's Brother's Grandfon, it goes to her Grandfather's
Grandfather j if there is no Grandfather's Grandfather, it goes to her Grand-
father's Father's Brother-, if there is but One Brother of her Grandfather's
Father, he fliall take the whole-, if there are feveral of her Grandfather's Father's
Brothers, they fhall receive equal Shares.
If there is no Grandfather's Father's Erother, it goes to her Grandfather's
Father's Brother's Son; if there is but One Son of her Grandfather's Father's
Brother, he fhall take the whole; if there are feveral of her Grandfather's Fa-
ther's Brother's Sons, they fhall receive equal Shares.
u
( 7' )
If there is no Grandfather's Father's Brother's Son, ic goes to her Grand-
father** Father's Brothers Grand fonj if there is but One Grandfon of her Grand-
father's Father's Brother, he Hull take the whole-, if there are feveral of
Grandfather's Father's Brother's Grandfons, they fhall have equal Shares.
If there is no Grandfather's Father's Brother's Grandfon, it goes to her
Grandfather's Grandfather's Father; if there is no Grandfather's Grandfather's
Father, it goes to her Grandfather's Grandfather's -Brother; if there is but One
Brother of her Grandfather's Grandfather, he (hall take the whole; if there are
feveral of her Grandfather's Grandfather's Brothers, they fhall receive equal
Shares.
If there is no Grandfather's Grandfather's Brother, it goes to her Grandfa-
ther's Grandfather's Brother's Son; if there is but One Son of her Grandfather's
Grandfather's Brother, he fhall take the whole; if there are feveral of her
Grandfather's Grandfather's Brother's Sons, they fhall have equal Shares.
If there is no Grandfather's Grandfather's Brother's Son, it goes to her
Grandfather's Grandfather's Brother's Grandfon; if there is but One Grand-
<
ifon of her Grandfather's Grandfather's Brother, he fhall take the whole; if
there are feveral of her Grandfather's Grandfather's Brother's Grandfons, they
Jhall receive equal Shares.
If there is no Grandfather's Grandfather's Brother's Grandfon, it goes to
her Grandfather's Grandfather's Grandfather; if there is no Grandfather's
Grandfather's Grandfather, it goes to her Grandfather's Grandfather's Father's
Brother; if there is but One Brother of her Grandfather's Grandfather's Fa:
ther, he fhall take the whole; if there are feveral of her Grandfather's Grand-
father's Father's Brothers, they fhall receive equal Shares.
LI If
( 72 )
If there is no Grandfather's Grandfather's Father's Brother, it goes to her:
Grandfather's Grandfather's Father's Brother's Son; if there is but One Son
of her Grandfather's Grandfather's Father's Brother, he fhall take the whole;
if there are fevcral of her Grandfather's Grandfather's Father's Brother's Sons, ,
they fhall receive equal Shares*
If there is no Grandfather's Grandfather's Father's Brother's Son, it goes to
her Grandfather's Grandfather's Father's Brother's Grandfon; if there is but
One Grandfon of her Grandfather's Grandfather's Father's Brother, he fhall
take the whole; if there are feveral of her Grandfather's Grandfather's Father's
Erother's Grandfons, they fhall receive equal Shares.
If there is no Grandfather's Grandfather's Father's Brother's Grandfon, if:
then goes to any One of the Family of the aforefaid Girl's Father who is the
next near Relation; if there is no near Relation, then One of diftant Kindred
(hall obtain it.
If alio there is no diftant Relation, then the Magiflrate fhall afllime the
Effects of the unmarried Daughter of a Cbehteree, a Sooder, and a Bice: And the
Property of the unmarried Daughter of a Bramin fhall be given to the learned
Ijrr.mins of tht Village where the aforefaid Daughter had her Refidence.
If there is no learned Bramin in that Village, it fhall. be given to the un-
learned Bramins of that Village.
If there are no unlearned Bramins alfo, it fhall be given to the Bramins of the
Lr.v'.rons of that Village.
The
( 73 )
The Magiftrate fhall never aflumc the Property of the unmarried Daughter,
of a Bramin.
If, during the Life-time of a Girl deceafed, any Perfon had entered into nn
Engagement to marry her, and that Perfon, or the Mother and Father of that
Perfon had made that Girl any Prefent, that Gift fhall revert again. to the afore-
laid Perfon..
If, after Agreement to marry a Daughter to a particular Perfon, that Daugh-
ter be given in Marriage to another Perfon, then whatever Prefent, either in
Money or other Articles, the Perfon firft mentioned, or his Mother and Fa-,
ther, had given to the Girl, or whatever Gift any other of that Perfon's Fa-
mily had prefented, on Account of the intended Marriage, fuch. Money and
other Articles mall, again revert to the Perfon aforefaid.
SECT. V.
Of Perfons imapahk of ~ Inheritance*
Whoever is born an Eunuch ; whoever is expelled from his Tribe,
his Relations and Kindred, for commiilion of any Crimes ; whoever
is born Blind ; whoever is Deaf from his Mother's Womb-, whoever is an
Idiot ; whoever cannot diftinguifh between Good and Evil ; whoever has no
Principle of Religion ; whoever is Dumb •, whoever is born without Hand, cr
Foot, or NoiV, cr Tongue, or Privy Member, .or Fundament; whoever
ftrikes and beats his own Father, or who, after his Father's Death, performs not
the Seradth (religious Offices to his Father's Memory) whoever is of fu h
a general ill Behaviour, as that his Relations and Partners refufe to eat or
drink with him, and who lives in conftant commiilion of thofe Actions which
are
( 74 5
nre forbidden to his particular Tribe by the Beids; whoever is fo incurably
ordered, as that no Remedies have anyEfFect on him, and who, on Accounr of
his Diforder, is never able to perform the Seradeh, the Pocjeb, and other re-
ligious Duties of this Kind ; whoever is afflicted with a fcrofulous Leprofy,
or a Leproly breaking out in Boils, with a perpetual Difeharge of Blood and
Matter -, Men afflicted with thefe Dilbrders, even after Pera/hchut (or Re-
covery), fhall remain incapable of Inheritance : And alfo, whoever wears the
Difguife of a Befhtmchurry^ or a Sinajfee^ and fo gains a Livelihood in a fraudu-
lent Manner ; whoever is feized with a Gdnfee Jtkkheb, cr a Confumption, in
which lie brings up Blood mingled with Phlegm ; whoever has pro felled him-
felf a Sinajfee -, whoever procures his Subliftence by an unwarrantable Bufinefi
cr Profeilion ; all or any of thefe Circumftances, here fpecified, incapacitate a
Man for Inheritance.
But whoever fhall fuperfede thefe Perfons, in the Inheritance of bequeathed
Property, muft allow them Victuals and Cloathing ; neverthelefs the Man who
has been expelled from his Tribe fhall receive Nothing.
If the Sons of thefe People be totally free from all the Objections which
have been dated above, they fhall receive their Share of the Property left for
Inheritance; neverthelefs the Son of the Man expelled from his Tribe, who
was born after Rich Expulfion, mall not receive any Share.
If there are unmarried Daughters of any of thefe, fuch Daughters fhall be
maintained in Victuals and Cloathing, until their Marriage.
And alio to the Wives of thefe (if there are not unchafte) fhall be allowed
Victuals and Cloaths.
S E C T>
( 75 )
SECT. VI.
Of Property liable to Divifion.
Of the Property of a Grandfather and a Father; and of fuch Property as
arifes from a Partnerfhip Concern, and of whatever is given by a Relation of
equal Affinity, indifcriminately, that is, without fpecifying the Name of any
particular Perfonj as alfo of fuch Gains as arife from the Joint Labour and
united Efforts of Two, Four, &V. Perfons.
* *
All fuch Property is liable to Divifion.
When Two or more Perfons are Co-Heirs, if any Gain is made upon the
Common Stock, then the Perfons, by whofe Labour or prudent Management
fuch Gain was produced, mall each receive a double Share; thofe who did
not join in the Plan or Execution of the Bufinefs mall each receive a fingle
Share.
%* Accordinq to the Ordinations of Sirree Kijloen Terkalungkar, smdGopatd
Punchcmun.
When Two, Four or more Perfons are Partners, and One or Two of thole
Partners acquire any Profit, each Partner mail receive a Share of it, proporti-
onable to his Property in the Joint Stock ; and thofe who gained this Profit
(kail firft divide the whole of it into equal Shares, and each take a fingle Share ;
and then receive a Part of what remains, proportionable to their Share in the
Common Stock.
M m %* According
( 76 )
• • According to the Ordination of Sewarleh Bebtackarige, zndjeimoot Bahurr,
and this Ordination is approved (or rather is cuftomary in this Kingdom.)
If the Property of a Partnership belongs wholly to One of the Partners*
and the other Parmer performs all the Labour of the Bufinefs, and makes a
Profit upon that Property, fuch Profit fliall be divided equally between them.
If One Partner both rifks his Property and takes alfo his Share of the Labour
of Bufinefs, and another Partner, without rifking his own Property, takes only
his Share of the Trouble and Management of Affairs, then he who advanced
his Property, and exerted his Efforts, fliall receive a double Share j he who
only contributed his Efforts mail receive a fingle Share.
If a Man, without any Advance of Property, mould, by his own mere Di-
ligence and Efforts, acquire any Profit, his Partners fliall receive no Share of it.
SECT. VII.
Of Dividing Property earned by the Science of the Sha/iert
by the Art of Painting, Architecture, or other Arts of
that Kind, on which a Proft may be gained.
If anyPeribn, without Employment of any Stock in Partnerfhip, by his own
Efforts, in the Exertion of any Art, fhould acquire any Profit, then, which-
ever cf his Partners by Affinity hath a greater or equal Share of Knowledge
with himfelf, he fliall give to each of fuch Partners a fingle Share, and he fliall
appropriate a double Share to himfelf; and whichever of them has lefs Know-
ledge than he, or is wholly without Skill in any Art, fhall not receive a Share.
If
( VI )
If any Perfon, who hath learnt an/ Art from his Father, his Grandfather,
his Paternal Uncle, his Brother, or any Perfon in his own Family, fhould
acquire any Profit by that Art, then whoever of the Family is totally unskilled
in any Art, or hath lefs Knowledge than he, fhall receive a fingle Share each;
and whoever works for his own Subfiftence fliall take a double Share.
If One Perfon hath quitted his Partners by Affinity, for the Purpofe of
learning any Art, and another Perfon of the Family, unfkilled in any Art, ex-
pends Part of his Property, in fupporting the immediate Dependants of the
Abfentee, then he who went away, to improve himfelf in anyArt, fhall take to
himfelf a double Share of any Profit he may gain by that Art, and fhall give a
fingle Share of it to the Perfon who fapported his Dependants in his Ab-
fence •, if thofe Dependants were fupported from the Joint Stock, he fhall not
give any Thing.
If a Perfon learns any Art from a Stranger, and alfo receives Victuals and
Cloaths from him, his Partners by Affinity fhall not receive any Share of the
Profits he may gain by that Art.
SECT. VIII.
Of Dividing Property earned by a Mans Sons.
If anyMan acquires a Profit, upon employing his Father's or Grandfather's
Property, he fhall give the Half of all his Gains to his Father ; and if he hath
not any Brothers, he fhall take the other Half himfelf; if he hath Brothers,
he fhall take to himfelf a double Share of the remaining Half, and fhall give a
fingle Share to each of his Brothers.
( 78 )
If any Perfon, without any Advance of Property, mould raife any Profit
he fhall give the Half of it to his Father, and lliall take to himfelf the other
Half: His Partners by Affinity fhall not receive any Share of it.
If any Perfon, upon employing his Brother's Property, mould acquire any
Profit, of the whole of fuch Profit, he mail give One Half to his Father, if
his Father be a Man of Knowledge and Skill •, and of the remaining Half, he
who raifed the Profit fhall receive a double Share; and he whofe Property was
employed fhall receive a fingle Share ; and thofe who employed no Property
mall not receive any Thing : If the Father be not a Man of Knowledge or
Skill, he fhall receive a double Share -, and he who made the Profit fhall alfo
receive a double Share ; and the Man whofe Property was employed mail re-
ceive a fingle Share.
SECT. IX.
Of PoJJeffions Indivifible,
If a Man by Victory in War has made any Prize, it mall not be liable to
be fhared.
If a Man has received any Thing in the Houfc of his Wife's Father, no
Share of it fhall appertain to his Partners (or Relations.)
If a Man's Father or Mother, out of particular Kindnefs, hath given him
any Thing, no Share of it fhall appertain to his Partners (or Relations.)
If a Perfon, without Employment of the Joint Stock, and without equal
Labour on the Side of his Partners (and exclufive of what a Relation of equal
Affinity
( 79 )
Affinity may have given him) fliould acquire any Profit, it is not liable to be
fliared by his Partners.
If a Father gives, by his own Choice, Land, Houfe.% Orchards, and the
Earnings of his own Tnduftry, to One of his Sons, the other Sons (hall not
receive any Share of it.
Every Man fliall take of the Water of a Pool, or of a Well, according to
his Neceffity: No Account is to be had of a greater or teller Share in this
Article.
Exclusive of Glebe Land, if any other Property of a Father, or Grandfa-
ther, be not occupied, and One of the Partners by Affinity, without employ-
ing the Joint Stock, and exclufive of the Labour or Efforts of the other Part-
ners, by Permiffion alfo of the other Partners, entered upon fuch Property, it
lhall not be divided into Shares; if, in the fame Manner, by Permiffion of the
Partners, One of them occupies any Glebe Land of his Father and Grandfather,
then he fliall divide fuch Glebe into Four Shares •, and from thence he fliall
firft take to himfelf One Share, and afterwards divide the Three remaining
'Shares equally between himfelf and his Partners.
In a Partnership of Affinity, the Wearing- Apparel of each Partner, all the
Necefiaries of his Sewarree (or travelling Equipage) the Ornaments worn about
his Perfun, the VefTels and Diflies for Meat and Drink, that are in immediate
Ufe, and the Slave Girl, whom he has the firfl: deftined for his Haram, ex-
clufive of other Girls, and alfo the Carpets and Mats for fitting and fleeping,
that are in conftant Service, of thefe Things, if One Man expends a lelfer and
another a larger Quantity, no Account fliall be had of fuch greater or lefTer
Shares •, and if, of thefe Things, there are not more in the Houfe than One for
each Perfon, they fliall all receive equal Shares.
N n Th&
( So )
The Place of Poojeh, that is of Worfhip, and the Place ofjugg, which has
already been explained under the Article ofjugg, in the Section of a Woman's
Property, is not liable to be ihared: As alfo the 2%«r, or Idol of Adoration,
is not liable to Divifion.
The Space of Ground occupied by the Houfe-Drain, the Path left for the
PafTage of the Cattle, and the Path of the Great Gate of theHoufe, are not
liable to Divifion.
Whatever is immediately necefTary to any Perfon is not liable to be fhared :
As for Inftance, when Two, Four, &c. Perfons are Partners, One of them hires
himfelf as a Servant, another becomes a Pundit^ another a Painter, and, in this
Manner, they all exercife different Profeflions, then each of them fhall take of
what may be in the Houfe, according to the Occafions of his own Pnofeffton;
if there is but One Article, they fhall all take equal Shares of it; but if that
Article be any Inftrument belonging to the Calling exercifed by any One of
them, that Peribn fhall take it, and fhall give all his Partners their Proportion
of the Price of it.
If, during the Life-time of a Father, all his Sons, either by Order of their
Father, or even without Prohibition from their Father, make for themfelves
Houfes and Gardens upon their Father's Land, if the Land fo taken be in
greater or lefTcrQuantities, it is not liable to be fhared; but if among thefe fome
have made, and fome have not made, Houfes and Gardens, then it fhall be
divided into equal Shares.
S E C T.
( 8i )
SECT. X.
Of a Father s Dividing among his S-ons the Property
earned by himfelf.
If a Father divides among his Sons the Property earned by himfelf, he
mall give it according to his own Choice •, if it is not the Father's Choice,
his Sons mall not have Authority to force him to fuch a Divifion.
If a Father gives to his Sons, by his own Choice, a fmall Share of the Pro-
perty earned by his own Induftry, and keeps a larger Portion to himfelf, hs
has the Power •, alfo" if, after expending what he referved for himfelf, he re-
quires Food and Cloaths from his Sons, he mail have Power to take it.
If a Father divides among his Sons the Property earned by himfelf, he
mall divide it among all his Sons, by equal Shares 5 but if any One of the
Sons hath been particularly dutiful to his Father, or hath a very large Family,
or is incapable of getting his own Living, upon chefe Three Accounts, if he
gives a larger Share to fuch Sons than to the reft, he has Authority for fo
doing.
If a Father, irrfligated by Refentment, or by a particular Fondnefs for the
Mother cf any One of his Son?, or by the Influence of any Fit of Sicknefs,
divides the Property acquired by himfelf unequally among his Son.% fuch
Divifion is not approved.
If all the Sons go at once in a Body to their Father, jointly requefting their
refpeclivc Shares of his Fortune, in that Cafe, the Father mail give equal
Shares
( 82 )
Shares of the Property earned by himfelf to tjie Son incapable of getting his
own Living ; to the Son who hath been particularly dutiful to him, and to the
Son who hath a very large Family, and alfo to the other Sons who do not lie
under any of thele Three Circumftances, in this Cafe, he fhall not have Power
to give to any -One of them more or lefs than to the others.
If a Father has occupied any Glebe belonging to his Father, that was not
before occupied, he fhall not have Power to divide it among his Sons in unequal
.Shares, as in the Cafe of Property earned by himfelf.
SECT. XL
Of a Father s Dividing among his Sons the Property left by
his Father and Grandfather*,
If a Father defires to divide among his Sons the Property of his
Father and Grandfather, whenever he altogether defpairs of having a Son by
any One of his Wives, he may divide and give it to them at his own Choice j
if he has Hope of a Son from any One Wife, he has not Authority to divide
it.
If it be not the Father's Choice, the Sons have no Authority to take
from him by Force their refpective Shares of their Anceftors Property ;
even if there is no Expectation that their Father fhall ever have another Son,
Mill they have not Authority to take it.
If a Father, by his own Choice, divides among his Sons the Property of
his Father and Grandfather, he fhall take to himfelf a double Share, and fhall
give a fmgk Share to each of his Sons.
If
( «3 )
If a Father divides among his Sons the Glebe, Orchards, Houfes, Rents,
Slave Girls, and Slaves of his Father and Anceftors, to the Son who hath a
large Family, to the Son who is incapable of getting his own Living, to the
Son who hath been particularly dutiful to his Faiher, and to all his other Son-,
he mail give it in equal Shares-, he hath no Authority to give to fome more, to
others lefs; and thele Things alfo he hath no Power to fell, or to give away,
without the Confent of his Sons.
A Father fhall not fo give away, or fell the Effects and Glebe belonging to
himfelf, or to his Father and Anceftors, as that his immediate Dependants
mould be diftreffed for Want of Victuals or Cloathing; if, referving fo much
as may be neceffary for the immediate Food and Cloaths of his Dependants,
he mould fell, or give away the reft of the Property, he has Authority lb to
fell and give away.
If a Father, excluhve of the Glebe, the Rents, the Slave Girls, and the
Slaves of his Father and Anceftors, divides the reft of their Property among
his Sons, then, in the fame Manner as theProperty earned by himfelf, in giving
a Share to the Son who hath the large Family, to the Son who cannot get
his own Living, and to the Son who hath been particularly dutiful, he has
Power to give them a larger or a fmaller Share j if all the Sons in a Body defire
their refpective Shares, then there fhall be no One Share, greater or lefs than
another.
If a Father, at the Time of dividing the Property gained by himfelf, or that
of his Father and Anceftors, among his Sons, parts the whole into Twenty
equal Shares, and from thence gives One Share to his Eldeft Son, lie has Au-
thority to do fo ; and he fhall then divide the other Nineteen Parts equally be-
tween his Eldeft and his other Sons.
O o If
( Si )
If a Man, of the Tribe of Sooder, of his own Choice, gives an equal Share
of his Property to the Son born cf a Concubine, and to the Son born of a
Wife, he has Power to do it.
If a Father fhould die without having divided his Property, then,whatever
Share the Son bo: n of aWife may receive, the Son born of the Concubine ihall
receive Half as much.
If there is no Son born of the Wife, nor Grandfon, nor Grandfon's Son,
nor Wife, nor Daughters, nor Daughter's Son, then the Son born of the Con-
cubine fhall receive the whole Property.
If there is a Daughter's Son, he fhall take an equal Share.
Whenever aPerfon gives a Share to his Sons, equal with the Share afiumed
by himfelf, to his Wife who hath neither Son, nor Grandfon, nor Grandfon's
Son, and to whom hath been given nought of thofe Things which conftitute
a Woman's Property, he Ihall give One Share, at the Computation of the Share
of One Son j if any of thofe Things that conftitute a Woman's Property hath
been given to the Wife, he fhall give her at the Computation of Half the Share
of One Son.
If he hath given a fmall Share to his Sons, and hath refcrved a larger Part
for himfelf, he Ihall then, from his ownShare, give to theWife above defcribed
One Share; at the Computation or Rate of the Share of One Son.
If a Father, being feparated from his Sons, hath divided hisProperty among
them, according to the Ordinations of the Sba/ler, and he alfo taking his own
re, according to the Sbtifier, returns no more to live with his Sons, after-
wards
( 8S )
wards if he fliould have another Son by the fame Mother, this Son fl) \\\ receive
his Father's Share, and alfo whatever Acquifition of Property his Father may
have made after fuch Separation.
If feveral Sons are born af;er this Separation, they fTiall all receive equal
Shares ; and thefe Sons fliall pay whatever Debts their Father may have con-
tracted after fuch Separation,.
The Sons who were firft feparated from their Father fliall not receive this
latter Property, neither fliall they pay their Father's Debts ; and alio the Son
who was born after the Separation fliall not receive from them any Share or"
the. original Property.
%*This Ordination concerns folely the Property immediately acquired- by
the Father.
If a Father divides the Property of his Father and Grandfather among his
Sons, according to the Shaft er •, as for Inftance, he takes to himfclf a double
Share, and gives a Angle Share to each of his Sons, afterwards another Son
is born, then that Son fliall receive from his Brothers an equal Share of the
Property that was divided, and fliall alio receive, upon his Father's Death, an
equal Share of that Part of the Property which remained in his Father's Pof-
IdEon upon Divifion.
When a Father feparates from his Sons, and gives to them their refpective
Shares of his Property, and alio takes to himfclf his own Share, if at that
rime the Mother of thofe Sons be big with Child, the Son born after this
Separation fliall receive an equal Share from the Sons who are feparated -, and
they {hall all receive equal Shares of all that may be their Father's Property •,
and they fliall all contribute to pay any Debts which the Father may have
contracted.
SECT.
( 86 )
SECT. XII.
Of Sons Dividing the Property left by their Father.
If a Man, having a Wife, and Sons born from thatWife, dies, or renounces
i. EWorld, or gives up all hisEffec"ls,or is expelled from hisTribe and Relations.,
fo long as that Wife lives, it is not a right and decent Cuftom, that thofe Sons
mould fliare, and receive among themfelves the Property left by that Perfon..;
if the Wife aforefaid gives them Inftructions accordingly, then the Sons have
Authority to divide it: At the Time of Divifion, if the Wife is defirous to
receive a Share, me fhall take One Share, at the Rate of the Share of One Son.;
if fiie does not wifli to have a Share, fhe fhall receive Victuals and Cloaths.
If a Man hath given to his Wife, or if the Father of that Man hath given
to the Wife, ought of thofe Things that conftitute a Woman's Property.,
then the Sons of that Perfon, at the Time of fharing his Property, mall give
to their Mother, at the Computation of Half the Share of One Perfon •, and to
any other Wife of their Father, having neither Son, nor Grandfon, nor Grand-
fon's Son, they mall not give a Share, but fhall give her Victuals and
Cloaths.
* * This Ordination is according to Sewiirteh Behtacharige, and Sirree
KtJhenTjrkalungkar. and J-eimoot Bihun, and is approved (or cuftomar.y in this
Kingdom.)
The Father's Wife, having neither Son, nor Grandfon, nor Grandfon's
Son, fhall receive an equal Share with that cf the Son, according to the Or-
.dmations of the Pundits of Mdhilla.
If
( 87 )
If all the Brothers of One Family, by their own Choice, live together, then
the Elder Brother, taking upon himfelf the Command of the Family, fhall, in
Manner of a Father, lend his Amftance towards the Support and Education
of his Younger Brothers •, and the Younger Brothers alfo, confidering their
Elder Brother in the Light of a Father and Patron, fhall demean themielves
conformably to his Pleafure.
If the Elder Brother is unfit for the Management of Affairs, then whichever
of the Brothers is mod capable fhall take the Burden of them all upon himfelf,
and fhall govern the Family.
To live together is the Reiult of the general Conient of all the Partners,
and to feparate arifes from the Inclination of any One of them, therefore, if,
in ro'nfequence of the Inclination of One among them, they fcparate and di-
vide their Stock, the Share of any Perfon who is abfent, and the Share of
him who is a Child, (hall be referved for them, in ibme hfe Place, tha: it
may not be loft or diminifhed.
•If all the Brothers, by their own Choice, felecYmg the Twentieth Part of
Property above-mentioned, before the general Divifion, prefent it to their
Elder Brother, and then fhare equally the remaining Nineteen Parts between
the aforefaid Elder Brother and the Younger Brothers, it may be done; if it
be not the Choice of all the Brothers, and the Elder Brother makes demand
of this Twentieth Part, he fhall not have Power to take it.
If any Member of a Partnership by Affinity gives up his Share, by his own
Choice, and leaves his Partners, then the Partners aforefaid, for the Sake of
.hindering all future Difputes, that none of his Heirs might, at any diftant Pe-
P p riod,
( 88 )
, make any Demand, fhall give fomething to that Perfon, and take from
him a wric.cn Acknowledgment.
At the Time that Partners by Affinity take their refpective Shares of Pro-
y bequeathed them, it is necefTary, that they difcharge the Debts of the
Man whole Eftate they inherit; if they are unable to pay the Debts, they fhall
pacify the Creditor, and, taking their Share of the Property, give a Promife to
pay the Debts hereafter, and lhall pay accordingly, fooner or later, according
to their Shares; and if the Deceafed had intended to give ought to any Perfon,
they fhall give that alfo, upon their affuming their Shares of the Property left
to them.
Among Partners, if One Perfon has a very large Family, and the others
have but fmall Families, then the Men of fmall Families, at the Time of
fharing the Property, fhall not have Liberty to fpeak to the Man of large
Family, upon Account of the larger Quantity of Victuals and Cloaths ex-
pended, during the Time of their living together, but fhall receive, in equal
Shares, whatever is there collected.
If a Brother, or an unmarried Sifter, hath not yet performed the Ceremony
of having the Ears bored, or of aiTuming the Braminical Thread, or of firft
tailing Sak, and the ether Partners have all gone through thefe Duties, then
the Partners, at the Time of dividing their Effects, fhall give to thefe (exclu-
sive of their Shares) whatever is necefTary for the Expence of thefe Ceremo-
nies, according to their Abilities, and fhall then divide, in equal Shares, the reft
of the Property, if the whole Property is not fufficient to anfvver the Expence
of thefe Ceremonies, then the Partners above-mentioned mail refpectively ufe
their Endeavours, to acquire Sufficiency for the Performance of thefe Duties,
If
( «9 )
If a Grandfather dies, not leaving a Son, and the Grand Ton makes Divifion
of his Effects, then' the Wives of the Grandfather, if they take their Share of
what he left, ihall receive equal Shares with the Grandfon.
If they do not take their refpective Shares, the Grandfon ihall give them
Victuals and Cloaths •, if thofe Wives have received what hath been defcribed
to be a Woman's Property, they fhall receive a Share, at the Computation of.
Half the Share of the Grandfon.
SECT. XIII.
Of Dividi?2g thejfoint Stock of Perfons^ who agree to live
together ', after the Original Difperjion a?id Separation of
the Family.
When a Man, after Separation, refumes again, upon a friendltf'Footing,
his Connexion with his Father, his Brother, or his Paternal Uncle, and an
Agreement is made between them, that, " My Property is yours, and your
Property is mine," and this Agreement alfo, on both Sides, is made with up-
right Intentions, it is called Sungferfut-heh.
%* The Meaning of Sttngferfut-heh is when, after a Separation, a freih Con-
nexion takes place.
Exclusive of thofe Perfons above-mentioned, if a Man refumes his Con-
nexion with any other Perfon, fuch Circumftance is not called Sungferjut-hcb.
V This
( 90 )
»
*^* This is according to the Ordination of Jehnooi Bahun^ and Sewarteh
Behtacbarige, and is approved (or cuftomary.)
But the Pundits of Methilla lay, that when a Perfon, after Separation
from any Relation whatever, relumes his Connexion with him, fuch a Cir-
cumftance is called Sungferfut-heh*
If Two or more Brothers, after Separation, refume again their Connexion,
and then feparate the Second Time, they mall receive equal Shares of their
Joint Effe&s.
If a Man, after Separation, reluming his former Connexion, hath in the
mean Time acquired any Profit, by Dint of Science and Induftry, or by Paint-
ing, or any other Art, from that Profit, he mall take to himielf a double Share,
and fhall give to each of his Partners a lingle Share.
Ira Father, after Separation from his Sons, refumes his Connexion with
One or more of thofe Sons, and, after that Separation, the Father mould beget
aether Son, then the Sons who, af er Separation, refumed their Connexion,
and every Son who was born after that Separation, after the Death of their
Father, (hall receive equal Shares, and iriali, in equal Proportions, difcharge
the Father's Debts.
All thofe Sons, who refumed not their Connexion with their Father, have
no Concern, either with the Effects of their Father or with the Payment of
his Debts.
Jf a Father, after Separation from his Sons, refumes his Connexion with
One or more ef thofe Sons, and3 ate that Separation, the Father mould
beget
( 9i )
beget another Son, if the Father, after fuch Separation, without the Efforts
of his Sons, and without Employment of the Common £tock, mould acquire
any Property, that Property, after the Death of the Father, fhall be received
by whatever Son was born after fuch Separation ; and the others, who again
refume their Connexion, fhall not receive it.
If the Father, by Employment of the Common Stock, and by the Efforts
and Labour of his Sons acquires any Property, it fhall be divided by equal
Shares .
And if the Father, for his own Purpofes, contracts any Debt, the fame Son
who was born after the Separation fhall difcharge them.
SECT. XIV.
Of a Partner s receiving his Share of the yoint Stock, after
a long Space of Time hath elapfed\ alfo of the Inheritance
of the Sons of a Woman of the Sooder Cafi^ by Two
different Hufbands ; and alfo of adopted Sons.
If One of the Partners by Affinity, before Separation, goes into another
Kingdom, and there fixes his Refidence, fo that, after a long Elapfe of Time,
either he, or his Son, or his Grandfon, or his Grandlbn's Son, or any of his
Defcendants, fhould come to the Partners by Affinity before-mentioned, and
make demand of his Share, he fhall bring the Men of Credit among his
Neighbours, his Relations, or any others, to prove his Affinity to the Man
who fixed his Refidence in a foreign Kingdom, and fhall receive his Share of
Inheritance.
( 92 )
If a Won- an of the Sooder Caft, who hath borne a Son to her Huiband,
fhould take that Son with her, and go to live with another Man of the fame
Caft, and while me remains in the Houfe of this Second Perfon fhould bear to
him alfo a Son, then each Son that is bom to either Man, after the Death of
that Man, {hall receive his particular Property.
If the Mother of thefe Sons fhould die, then each Son fhall feparately in-
herit whatever was given to his Mother by his own Father j and if the Mother
had any other Effects, exclufive of what the Fathers gave, the Sons fhall
both receive equal Shares of it.
A Man, without Permiflion of his Partners by Affinity, fhall neither give
away, nor fell to any One the Joint Property : If he gives away or fells a Part
of it, at the Computation of his own Share, it is approved.
But if he gives, or fells, or mortgages fuch Property to a Man of fraudulent
Principles, fo that Lofs and Vexations fhould accrue thereby to the Partners,
the Man who thus gives away, fells or mortgages fuch Property, is to be ac-
counted criminal.
*#* According to the Ordination of Sew art eh Behtacharige, Jehnoot Baton*
and Sirree Kijhen Terkalungkar, and is approved*
If any Perfon, without Permiflion of the Partners by Affinity, gives away,
fells or mortgages a Part of the Joint Property, on Computation of his own
Share, it is approved ; according to the Ordination of the Pundits of Methilla,
If to a Man, v- ho hath before patronized an adopted Son, a Son fhould after-
v, ards be born of his own Seed, after the Death of the Father, the adopted
Son
( 93 )
Son fhall receive a Tingle Share, and the begotten Son (hall receive a double
Share of his Property.
SECT, XV.
Of Dividing concealed Effects ; and of rectifying unequal
Divifons-y and of the Modes of fettling the difputed Shares
of Partners,
If any One of the Partners by Affinity, at the Time of iharing and divid-
ing their Property, concealed any Part of the Effect?, and this Circumltance
f'lould afterwards appear, that Part fhall then be divided equally among all
not the other Partners, and the Man who concealed it.
But if any One of the Partners ftill continues fufpicious, he fhall undergo
the Purrikeb, that is Ordeal for him-, whoever is not fufpicious of him, he fhall
perform the Purrikeb.
If, at the Time of Divifion of Joint Stock, the Partners by Miftakc fhould
have made an unequal Diftribution, it is not approved.
He who received too large a Share, whenever the Miftake is proved, flu 11
divide equally among them all the Overplus of his proper Portion.
. At the Time of Divifion of Joint Stock, if One Perfon be a Child, and
any One of the Partners fraudulently takes from the Share of that Child, to
add to his own, when this Circumftance comes to be proved, that Child fhall
re eive from him the Balance of his Share.
If,
( 94 )
If, ac the Time of Divifion of Joint Stock, all the Partners, by their own
Free- Will, receive unequal Shares, ibme more, fome lefs, and are afterwards
defirous to have an adjufted Settlement of their Shares, they fhall not have
the Power.
Every Kingdom has its own Cuftoms, and every Town has its own
Cuftoms, fo every Tribe has its own Cuftoms i if, according to thofe Cuftoms,
an unequal Divifion takes place, it is approved.
If the Mode of unequal Divifion has pafled regularly from Father and
Anceftors, this alfo is approved.
If One Perfon of the Partners by Affinity fhould fay, that " Our Pro-
perty has been fhared," and another mould fay, that " It hath not been
fhared," and upon fuch a Difpute they lhould refer their Claims to Arbitra-
tion, Firft, the Arbitrators (hall inquire the State of the Cafe, of the Men
defcended from the fame Grandfather with the Plaintiff and Defendant, and
who have formerly feparated from the Family.
If the Matter is not fettled by Inquiry from Perfons defcended from the
ftme Grandfather, they fhall next examine the Relations and Kindred of the
Plaintiff and Defendant,
Jf it is not fettled by Examination of the Relations and Kindred of the
Plaintiff and Defendant, they fhall next inquire and examine the Divifion
Accounts-, if there is no Divifion Account, then the Arbitrators fhall proceed
tf examine Circumflances, as whether the Expence and Income of the Plaintiff
aed Defendant be fepara&e and apa/t,.
Whether.
( 95 )
Whether their Agriculture and Trade be on either Side diflincl and . lc-
parate.
If they are Bramins, whether One prefents the Dan, and the other accepts
theDdn: (TheD^/is thus performed, they pronounce a certainKind of Charm,
or Incantation over any Thing, in the Wifh of a happy Futurity, and give it
as a Prefcnt to another Perfon:) Whether, between the Plaintiff and Defendant,
a Pledge is depofited by One Party, and accepted by the other.
Whether, on either Side, One be Witntfs for the other, or One be Secu-
rity for the other.
Whether they perform the Seradeb Amawus; (that is, the Ceremonies of the
lad Night of the Lunar Month, which is called the Night of Darknefs.)
And the Serudeb-mivann, which is thus performed, in the Month Agbun,
yearly, they put together new Rice, Milk, Sugar, Candy, ripe Plantains, Sugar
Cane, Yam, Cocoa-Nut, Ginger, and Sugar-Candy, and perform the Fatebeb
Buzurgvoar.
And the Seradeb Aperpukb : (Aperpukb is when, before the Ten Days, called
Rozidus-hcireh* upon the Days of the Skebbi Tareckee^f (or Night of Darknefs)
which are Fifteen Days, fometimes in the Month of Bbadun, and fometimes in
the Month ofAffen, they perform the Fatebeb Buzurgwar :) Whether they per-
form all thefe Seradebs feparate and apart from eacli other.
R r Then,
* The Days in which the pompous Worfhip and Burial of the Hindoo Deities are celebrated.
| Or Night of Darknefs, fo called, becaufe then the Moon fhincs only a fmall Part of the Night,
( 96 )
Then, although there be noWitnefs, or Divifion Accotint, to prove die real
State of the Cafe, if in thefe Ceremonies they aft feparately, it is to be accepted
as a Proof that a Divifion has before taken place.
SECT. XVI.
Of Acquiring Right of Pojfejfwn in the Property of
another^ by UfufruEl.
A Person who is not a Minor (a Man ceafes to be a Minor at Fifteen
Years of Age) nor impotent and incapable, nor difeafed, nor an Idiot, nor
lo lame as not to have Power to walk, nor blind, and who, on going before
a Magiflrate, is capable of diftinguifhing and taking up his own Concerns, and
who has not given to another Perfon Power to employ and apply to Ufe his
Property, if, in the Face of fuch a Perfon, another Man applies to his own Ufe,
for the Space of Twenty Years, the Glebe Land, or Houfcs, or Orchards of
that Perfon, without Let or Moleitation from him, from the Twenty-firfl:
Year, the Property becomes inverted in the Perfon fo applying fuch Things
to Ufe-, and any Claim of the Firit Perfon above-mentioned upon fuch Glebe,
Houfes or Orchards, mail by no Means ftand good; but if the Perfon before-
mentioned comes under any of the Circumftances herein before defcribed, his
Claim in that Cafe fhall {land good.
*m* According to the Ordinations of Sirree Kerradarigc, and Palcck, and
Jbgue Lbgue, and Eheh-deeb Bbet, and Sool Pdnee, and Chendcefur^ and Sewarteb
Bebtachurige, and is approved (or cuftomary.)
A Person
( 97 )
A Person who is not a Minor, nor impotent and incapable, nor difeafcd7
nor fo lame as not to have Power to walk, nor blind, and who, on going before
a Magiilrate, is capable of diflinguifhing and taking up his own Concerns, and
who has not given to another Perfon Power to employ and apply to Ufc his
Property, if, in the Face of fuch a Perfon, another Man applies to his ownUfe,
for the Space of Ten Years, the Gold and Silver, the Jewels, the Cloaths, the
woven Silks, the Houfhold-Furniture, and Iron Inftruments, and other Goods
and Chattels of this Kind (exclufive of Glebe, Houfes and Orchards) belonging
to that Perfon, without Let or Moleftation from him, from the Eleventh Year,
the Property becomes inverted in the Perfon fo applying fuch Goads and Chat-,
tels toUfe; and any Claim of the Firfl Perfon before-mentioned, for PofTeflioa
of any fuch Goods and Chattels, fhall by no Means ftand good.
But if the Perfon before-mentioned comes under any of the Circumftances
herein before defcribed, his Claim in that Cafe fhall ftand good.
*** According to the Ordinations of Sirree Kerracbar'ge, and Pcilcok, and
Jbgue Ubgue, and Bbeb-deeb Ehc^ and Seel Pdneey and Chendeefur, and Sewarteb
Bebtacbarige-, and is approved.
Tf any Perfon hath occupied the Glebe, Houfes and Orchards, of another
Perfon, and applied them to his own Ufe, and that Perfon, within the Space
of Twenty Years, makes any Let or Moleftation, then the Glebe, Houfes
and Orchards above-mentioned, revert to the Perfon aforefaid; but of the Pro-
duce of them, whatsoever the other Perfon has expended, he fhall not receive
any Thing,
Exclusive oi Gkbe, Houfes and Orchards, if any Perfon has entered
Upon, and applied to his own Ufe, any other Goods and Chattels belonging
to
( 98 )
W another Perfon, and that Pwfon, within the Space of Ten Years, lays claim
to thofe Goods, then the Goods and Chattels fo claimed mall revert to that
Peribn ; but if the other Perfon has made any Profit by thofe Things, he fliall
-iot receive any of it.
If any of the original Effects be fpoiled or expended, that Perfon mail
make it good, and the Magiftrate fliall inriid upon that Perfon the fame
.Punifliment as upon a Robber.
Any Thing depofited as a Pledge, any Thing committed to the Cuftody
of another, under Hand and Seal, any Thing intrufted to another by Hoivaleh ;
(Howakb is when a Perfon, in friendly Confidence, intrufls to another his
•Glebe Land, Orchards, Houfes, Kine, Horfes, Elephants, Camels, and fuch
-Kind of Cattle, as alio his Houfhold-Furniture, and all his Goods and Chattels.)
Things intruded in either of thefe Three Modes, if that Perfon, without
Let or Moleftation, has applied to his own Ufe, for a very confiderable
Length of Time, yet, when the Owner aforefaid fhall make demand for thofe
Things, he fhall receive them : Thefe Kind of Things do not come under
the Limitation of Twenty Years, and of Ten Years.
Suppose a Peribn, having applied to his own Ufe the Glebe Land, Or-
chards and,PIoufes of a Stranger, for the Space of Twenty Years, fhould then
die, and the Son of that Peribn alfo, for the like Space of Twenty Years, having
applied the fame to his own Ufe, fhould then die, and the Grandibn of that
Perfon likewife, having applied the fame to his own Ufe, for the like Space of
Twenty Years, and fhould then die, the Glebe Land, Houfes and Orchards above-
;iy:iuioned, are applied to Ufe,, by the Sen of the Grandibn of that Perfon.
i«
( 99 )
In this Cafe, while the Property pafled through Three different PoflfefTors,
for the Space of Sixty Years, if the right Owner of the Glebe Land, Houfes
and Orchards before-mentioned, through Inattention and Ignorance, hath at-
tempted no Let or Moleftation, in the Sixty-mil Year, the Claim of ihc
Defendants of that Owner fhall by no Means (land good ; the Glebe, Houfes
and Orchards above-mentioned, mall remain in Poffcflion of the Perfon who
has applied them to Ufe.
Suppose a Perfon, having applied to his own Ufe the Glebe, Houfes and
•Orchards of a Stranger, for the Space of Sixty Years, through Inattention and
Ignorance of the rightful Owner, mould die, or if he and his Son together,
having applied them to Ufe, for Sixty Years, mould then die, and his Grandfon
aifo enjoys the prefent Ufe of fuch Property, in this Cafe, if the rightful
Owner, or the Defendants of the rightful Owner, even after this Term of
Sixty Years, put in their Claim, or caufe any Let or Moleftation, then the
Glebe, Orchards and Houfes aforefaid, fhall revert to fuch Owner, and to the
Defendants of fuch Owner j and the Man who applies them to Ufe fhail not
retain PoflciTion of them.
Suppose a Perfon, having applied to his own Ufe, for more than Twenty
Years, the Glebe, Orchards and Houfes of a Stranger, mould then die, and the
Son of that Perfon alfo, having applied the fame to his own Uie, for a lefs
Space of Time than Twenty Years, fnould then die, and his Grandlon alfo,
having applied the fame to his own Ufe, for Twenty Years, mould then die,
in this Cafe, if the Property has paffed thro ugh Three different PorTeirers, who,
having applied it to Ufe, for the Space of Sixty Year;, r.re fince dead, yet the
Son of his Grandfon fhall not receive that Glebe, but it mail go to the original
Owner.
S f U
( lOO )
If Two Perfons poffefs feparate Writings, as a Bill of Sale, a Deed of Gift,
or a Mortgage, all properly authenticated, to entitle them to the fame Thing ;
as for Inftance, One Perfon has a Bill of Sale, or a Deed of Gift, and the other
has a Mortgage, and the fame Date mould be upon the Deeds of both Claim-
ants, or by Accident the Date happens to be obliterated, fo that it cannot be
afcertained which Inftrument is prior to the other.
In that Cafe, the Property before-mentioned mall belong to that Perfon,
who, in Sight of the Perfon poffeffing the other Deed, without Let or
Moleftation from him, has appropriated and applied that Property to his own
Ufe.
Such Property mail not go to the Man, who, not having appropriated or
applied it to his own Ufe, hath not attempted any Let or Moleftation to the
other Perfon.
It it hath not been applied to Ufe by either of them, they fhall both divids
and receive equal Shares of it.
*#* According to the Ordinations of ' Pacbefiputtee Mifr ; and is approved.
Hetayoodeb fpeaks to this Effect, viz. That he who poffefTes a Mortgage
(hall receive a fmall Share, and he who poffefTes a Bill of Sale, or a Deed of
Gift, fhall receive a larger Share.
If the Path to and from a Houfe, or the Space of Ground occupied by
rhe Houfe-Drain of One Perfon, be in the Territories of another Perfon, that
Perfon, who always hath paffed to and fro, mall continue fo to do ■, the other
Perfon aforefaid, though he hath a Right of Property in the Ground, and
hath
( ioi )
hath an attefted Sunnud thereof, fhall not have Authority to caufe him any
Let or Moleftation.
When Two Perfons, between whom a Difpute hath arifcn, refer it to Ar-
bitration, the Arbitrators, at the Time of Examination, (hall efteem Wit-
nefies of more Validity than Opinion •, and if there be any Writing produced,
they fhall g;ve more Credit to that Writing than to Witneffes.
Suppose Two Perfons mould quarrel about the Right of Property in
certain Glebe Lands, or Houfes, or Orchards, and One of them mould produce
a written Deed, the other (after that" the Property in Difpute has been occu-
pied for the Space of Sixty Years, by Three following PofTeffors, who are
now dead) is the Fourth Perfon now in Pofieffion of fuch Property.
In that Cafe, the PoflefiTon of Three Perfons in SncceiTion is of more
Validity than the Writing.
The Perfon who is in prefent pofTefilon fhall obtain the Property of fuch
Glebe Land, or Houfes, or Orchards ; and the Claim of him who produces
the written Deed fhall not be heard.
If a Man has for a long Time applied to his own Ufe the Effects of a
Magiftrate, or of a Magiftrate's Servants, or the Effects of his Wife's Father,
or the Effects of his Wife, or the Effects of his Daughter's Hufband, or the
Effects ofaReyot, or the Effects of a Man defcended from the fame Grand-
father with himfelf, or the Effects of his intimate Friend, or the Effects of his
Maternal Uncle, or Sifter's Son, or Paternal Uncle's Son, or fuch Kind cf near
Relations and Kindred, it is not approved (/. e. it fhall not enfure him the
Property of them :) And if a Bram'm, who hath read the Beids, fhould, for any
confiderable Time, apply to his ov/n Ufe any Perfon's Property, it is not
approved.
CHAP.
( 102 )
C H A P. III.
Of Bulbar '3 that is, of Juflke.
Seel:. I. Of the Forms of adminiftering Juftice.
Sect. II. Of Appointing a Vakeel (or Attorney.)
Seel:. III. Of not Apprehending an accufed Party.
Seel. I V. Of Giving immediate Anfwer to a Complaint,
Seel:. V. Of Flea and Anfwer.
Seel:. VI. Of Two Sorts of Anfwer, proper and improper.
Seel. VII. Of Evidence.
Sz£t. VIII. Of proper and improper Evidence.
St ft. IX. Of the Modes of examining WitnefTes.
Seel:. X. Of Appointing Arbitrators more than once; and of the
Mode of drawing up the Statement of a Caufe.
Sed. XI. Of Giving Preference to a Claim.
SECT. I.
Of the Forms of adminifler'mg Juflke.
If a Perfon brings a Complaint before a Magiftrate, in the Name of
another, the Magiftrate mall make a thorough Invalidation of the Affair;
otherwiie
( '03 )
othervvife he (hall by no Means of himfelf fend for the Complainant, and
caufe him to bring on his Complaint.
If any Perfon goes to an Arbitrator of Difcernment, for the Purpofe of
diftinguifhing the Nature of his own Caufe, the Arbitrator alio may make
fuch InveftigatiOn.
When an Arbitrator of Difcernment hears any Affair, he mail firlt de-
mand of the Plaintiff, " What is your Claim ?" The Plaintiff fhall then relate
his Claim : Afterwards he fhall demand of the Defendant, M What Ar.i.vc-
do you return in this Cafe ?" The Defendant alfo fhall then repeat his Anfwer,
upon thus having heard the Accounts of both Plaintiff and Defendant. He
who thoroughly inveftigates the Nature of the Affair is called an Arbitrator
of Difcernment, and fuch an Arbitrator as this (hall be chofen.
A Magistrate, at the Time of Examination, fhill have near him a Man
of Knowledge and Difcernment, and Officers tried by his own Experience,
and a learned Bramin, and ihall then examine the Cafes of the Plaintiff and
Defendant.
If a Magi 11 rate, for any particular Reafon, cannot himfelf examine a Caufe,
he fhall delegate a learned Bramin as Examiner; if there is no learned Bramin,
he fhall delegate a learned Cbehteree; if there is no learned Chehurce, he (hall de-
legate an intelligent Bice as Examiner-, if there is no intelligent Bice, hi fhall
delegate an unlearned Bramin as Examiner; he fhall never delegate a Soodar as
Examiner upon the Sheeriee of the Shajlcr, or Beids of the Sbafien Whoever,
fitting afide a Bramin, conftitutes a Sooder Arbitrator, in any Affair of the Sbaf-
ter, the Poffeflions and Property of fuch a Man are ruined and diflipated: If
a Sooder examines any Affairs of the Sbeertee of the Shajbr, be fhall pay a Fine to
the Ma^iflrate of Two Thoufand Puns of Cowries.
T t I*
( 104 )
If a learned Man is prefent when an Affair is examined before a Magis-
trate, although the Magiftrate fhould not delegate him as Examiner, yet he has
the Liberty of uttering his Sentiments to the Cafe in Point.
Whoever confiders in the fame Ligh£ his Friends and his. Enemies, and is-
knowing in the Beids of the SbaJIer, and in the Sheertee of the Shajler, and is a
Man of Honour, and a Speaker of Truth, to fuch learned Braynins as thefe the
Magiftrate fhall give Money, and every Token of Refpect and Confideration in
the Judgment-Seat, to have them near him j but he fhall not retain fewer than
Ten of fuch Bramins.
The Magiftrate, having employed the firfb Four Ghurries of the Day in
bathing and praying, and having paid due Adorations to his Deity, fhall fit
upon the Judgment-Seat, to fettle Affairs, the Space of One and a Half Paufs j
at this Rate, the Bench will break up after the Second Paufs of the Day.
If an Affair is not properly examined, or is decided unjuftly, the Fault is
divided into Four Shares, and falls upon Four Parties, One Share upon the
Plaintiff or Defendant, whichever of them was the Caufe of the improper Ex-
amination or Decifion; and One Share falls upon the learned Bramins who
partook of the improper Examination or Decifion-, and One Share to the
Witnefs who gave in falfe Evidence: If the Examination is proper, the good
Refult of it is, that whatever Part of the Fault belongs to the Magiftrate, and
to the reft of thofe who were prefent upon the Bench, and partook of the Ex-
amination, all this Fault goes to the Perfon who made a futile and groundkfs
Complaint.
If fcveral Perfons, at the fame Time, make a Complaint to a Magiftrate,
or Arbitrator, then the Magiftrate, or Arbitrator, at the Time of Invefti-
gation,
( #>s )
gation, ma41 firfl examine the Caufe of him who has fuffered the mod Detri-
ments; if the Caufes of all the Complainants are equal, he (hall then examine
the Affair of him who is of the mod honourable Tribe; if all the Com-
plainants are of equal Tribes, and their Caufes alfo of equal Confequence,
then the Suit of him who firfl complained fhall be firfl examined.
At the Time that the Plaintiff and Defendant are prefent before the
Magiflrate, or Arbitrator, then that Magiflrate, or Arbitrator, mall take a
Man of Refponfibility and Property as Bail or Security for fuch Plaintiff or
Defendant; if either the Plaintiff or Defendant are unable to give fuch
Security, a Peiadac, or Guard, fhall be appointed for both of them, and, in
the Evening, the Plaintiff and Defendant fhall give to that Peiadac Gowriefi
fumcient for the Day's Subfiflence.
SECT. II.
Of Appointing a Vakeel (or Attorney.)
If the Plaintiff or Defendant have any Excufe for not attending the Court,
or for not pleading their own Caufe, or, on any other Account, excufe them-
felves, they fhall, at their own Option, appoint a Perfon as their Vakeel ; if
the Vakeel gains the Suit, his Principal alio gains ; if the Vakeel is caft, his
Principal is caft alfo.
In a Caufe where the Accufation is for Murder, for a Robbery, for Adul-
tery, for eating prohibited Food, for falie Abufe, for thrufting a Finger into
the Pudendum of an unmarried Virgin, for falie Witnefs, or for deflroying any
Thing, the Property of a Magiflrate, a Vakeel mufl not be appointed to plead
and anlwer in fuch Cafes ;. the Principals fhall plead and arifwer in Perfon ;
but
( 1 06 ).
but a Woman, a Minor, an Idiot, and he who cannot diftinguifli between
Good and Evil for himfelf, may, even in fuch Canfes as thefe, conftitute a,
Vakeel
Except the Brother, Father and Son of the Plaintiff and Defendant, if any-
other Perfon, at the Time of Trial, mould abet, and fpeak for either Party,
the Magiftrate fhall exact a Fine from him : If a Brother, a Father, a Son.
or z.Vakeel, mould affift, and fpeak for either Party, it is allowed.
SECT. III.
Of not Apprehending an accufed Party,
Jf a Perfon is employed in celebrating a Marriage, at that Time, neither
-a Creditor, nor any other Perfon for his own Concerns, fhall apprehend and
feize him : If the Creditor, or any other Perfon, mould make complaint
againft him before a Magiftrate, the Magiftrate alfo, during the Term of the
Marriage Feftivals, fhall not have Power to feize him.
If a Perfon, in a Fit of Sicknefs, until his Recovery, neither his Creditor,
ner any other Perfon for his own Concerns, fliall have Power to apprehend
and feize him : If the Creditor, or any other Perfon, during fuch Sicknefs,
makes complaint in his Name, the Magiftrate alfo, during his Diforder, fliall
not apprehend him.
If a Man is employed in the Jugg, the Pocjeh, the Ban, or any fuch religious
.Duties, until he finds Rcfpite from thofe Offices, neither his Creditor, nor any
other Perfon upon his own Concerns, fhall have Power to apprehend and feize
him j
( »°7 )
him.s if a Complaint is lodged againft him before a Magistrate, the Magiftrate
alfo fhall not apprehend him during that Period.
If any Perfon is appointed Vakeel to plead or anfwer in any Suit, until lie
is releafed from fuch Appointment, neither his Creditor, nor any other Perfon
for his own Concerns, may have Power to apprehend and detain him; if a
Complaint is lodged againft him before a Magiltrate, the Magiftrate alio mall
not apprehend him.
If any Perfon is employed, in the Magistrate's Prefence, upon fuch Magif-
trate's Affairs, until he is releafed from the Magistrate's Bufinefs, neither his
Creditor, nor any other Perfon for his own Concerns, fhall have Power to
apprehend or feize him; if a Complaint is lodged againft him before a Magif-
trate, that Magiftrate alfo fliall not apprehend him.
If any Perfon is employed in feeding Ins Kinc, or Buffaloes, or Goats, or
Sheep, or fuch Kind of domeftick Animals, until he is at Leifure from iuch
Occupation, neither his Creditor, nor any other Perfon for his own Concerns,
fliall have Power to apprehend and detain him-, if the Creditor, or any other
Perfon lodges a Complaint againft him, the Magiftrate alfo, during that Pe-
riod, muft not apprehend him.
.If any Perfon is employed in watching his Tillage, until he returns from
thence, neither his Creditor, nor any other Perfon for his own Concerns, may
have Power to apprehend and detain him; if a Complaint is preferred againft
him before a Magiftrate, the Magiftrate alfo fliall not apprehend him during
that Period.
If any Perfon is employed as a Painter, a Carpenter, a Builder, or in other
Works of this Kind, until he is at Leifure from fuch Bufinefs, neither his Cre-
U u ditor,
( io8 )
ditor, nor any other Perfon for his own Concerns, fnall have Power to appre-
hend and detain him; if a Complaint is preferred againft him before a Magis-
trate, the Magiftrate alfo, during that Period, (hall not apprehend him.
If any Perfon is engaged inWar, until theWar is determined, neither a Credi-
tor, nor any other Perfon for his own Concerns, mail at that Time apprehend
and detain him-, if his Creditor, or any other Perfon, during that Period, pre-
fers a Complaint againft him before a Magiftrate, the Magiftrate alfo fhall
not apprehend him.
If any Perfon is employed as a MefTenger, Until he returns, neither his Cre-
ditor, nor any other Perfon for his own Concerns, may have Power to appre-
hend and detain him; if a Complaint is preferred againft him before a Magif-
trate, the Magiftrate alfo, until he returns from the Execution of his MefTage,
may not apprehend him.
If a Perfon is a Minor, his Creditor may not apprehend him-, and if the
Creditor makes complaint againft him before a Magiftrate, the Magiftrate ajfo
fhall not have Power to apprehend him.
If a Seafon of Scarcity or Calamity fliould happen to any Kingdom or
Town, until the Calamity is ceafed in that Kingdom or Town, a Perfon for
his own Concerns fhall not have Power to apprehend and detain another; if
a Perfon on his own Concerns makes Complaint before a Magiftrate, the Ma-
giftrate alfo may not apprehend a Perfon during that Period.
If any Perfon, having a Claim on another, hath preferred his Complaint,
the Perfon fued muft anfwer the Suit, and fettle the Claim, before he can
commence a Suit againft the other; if he makes a Complaint, the Magiftrate
fhall exact a Fine from him, but his Suit fhall not drop.
If
( ">9 )
If any Perfon has made a Complaint againft another, as that, " Such a
Perfon has traduced my Character, or has threatened me," in that Cafe, if the
Complainant had firft traduced, or threatened the other, the latter, without
anfwering the Suit brought againft him, may prefer a Complaint againft the
other for Abufe, or for Threats.
If any Perfon hath firft abufed another, or threatened him, after that, if
the Second mould abufe or threaten the Firft, he is not amenable ; but he
who firft abufed, or threatened the other, fliall be fined by the Magistrate.
If a Perfon, to procure a Man's Death, mould fet his Houfe on Fire, or
caufe him to take Poifon, or endeavour to afTaflinate him, or fhould feize his
Wife, and carry her away with him, or plunder and take away all his Effects
and Grain, if the other fhould deprive fuch a Man of Life, he is not amena-
ble : If a Bramin fhould commit fuch Crimes as thefe above-mentioned,
his Life mall not be taken away ; but if fuch a Bramin fhould come with
Intent to murder another, and that Perfon has no Means of efcaping, and
cannot fave his own Life, but by the Death of the Bramin, in that Cafe,
if he fhould even kill the Bramin, the Magiftrate (hall not take a Fine from
him : Alio, if a Cow fhould attempt to kill any Perfon, and there is no Way
of efcaping, that Perfon may kill the Cow, for the Prefervation of his own
L.:fe, and, in this Cafe, he fliall not be amenable.
If Two Perfonr, mutually abufe each other, or give Blows to each other,
and the Abufe and Threats are equal on both Sides, the Magiftrate fhall exact
from each of them an equal Fine.
If any Perfon firft abufes another, or gives him Blows, and afterwards the
Other returns him more Abufe, and a greater Number of Blows, the Magif-
trate
( no )
trate fhall exact a Fine from both of themj but he who firft proceeded to
Violence fhall pay the largeft Fine.
SECT. IV.
Of Giving immediate Anfwer to a Complaint*
If a Perfon brings a Suit againfl another for the Murder of a Man, in
that Cafe, the Accufed, at the Time of appearing before a Magiflrate, (hall
immediately, upon the Spot, give his Anfwer to this Affair j he may not be
allowed any Time in giving his Anfwer.
If any Perfon -is apprehended on Account of a Robbery, that Perfon, at the
Time of appearing before a Magiflrate, or Arbitrator, fhall give immediate
Anfwer to this Affair, and fhall not be allowed any Delay in fpeaking.
If any Perfon accufes another for falfe and fcandalous Abufe, the Accufed,
when he comes before a Magiflrate, or Arbitrator, fhall immediately give his
Anfwer, and not be guilty of any Delay.
If any Perfon is apprehended upon an Affair concerning a Cow that pro-
duces Milk, he fhall not be allowed any Procraflination in his Anfwer, but
fhall fpeak his Defence immediately.
On an Accufation-for drinking Wine, a Man mufl not make any Delay in
•giving his Anfwer, he fhall anfwer immediately to fuch an Affair.
If
( III )
If a Man is apprehended, on a Complaint, For criminal Convcrfation with
any of his Father's Wives, exclusive of her who bore him, in fuch a Cafe, he
fhall not make delay in returning his Anfwer, but (hall immediately anfwer to
the Point.
If any Perfon makes complaint againft another, that, M Such a Pcrfon his
deftroyed fome very valuable Goods of mine," in fuch an Affair, the Accuf \
fhall not make any Procraftination in his Anfwer ; he mall anfwer immediately
to the Point.
If any Perfon has called a modeft Woman unchafte, and the Woman Ot-
her Hufband mould make complaint to a Magiflrate, whenever the Perfon
accufed appears before the Magiftrate, or Arbitrator, he mail, upon the Spot,
$nfwer to the Complaint, and make no Delay.
If Two Perfons quarrel for Poffeffion of a Slave Girl, and both of them
fhould feparately affert the Girl to be their own Property, and One of them
makes complaint againft the other before a Magiftrate, that Perfon fhall di-
rectly give his Anfwer, and fhall make no Delay.
In all other Caufes, except fuch as have been before-mentioned, the De-
fendant may require fome Delay to give in his Anfwer; but the Accufer fhall
in no Caufe make any Delay in his pleading.
If either the Plaintiff or Defendant, being terrified, are unable to give
immediate Anfwer, then, according to the Nature of the Affair, a Time fhall
be appointed them for giving in their Anfwer; if at the Time appointed they
are unable, either by fome Calamity of the Seafon, fome Innovation of the
Magiftrate, to give their Anfwer, they are not blamable-, but they fhall be
X x held
( H2 )
held to prove fuch Calamity of the Seafon, or Innovation of the Magiftrate;
if they cannot produce this Proof, they fhall incur Blame ; and on the Time
appointed, if they, with any fraudulent Intent, do not give in their Anfwer,
the Magiftrate fhall make them amenable, and they fhall be caft in that Caufe.
SECT. V.
Of Plea and Anfuuer.
When the Plantiff and Defendant come before the Magiftrate, or Arbitra-
tor, the Plaintiff at that Time fhall give an Account of the Circumftances of
his Plea, in fuch a Manner, that the Words be few and the Meaning extenfive,
and that no Doubt of the Senfe of his Speech may arife in the Minds of any
of the Audience, and that the firft and laft Parts of his Plea be well connected
and confiltent, and the Caufe of the Difpute fhall be therein explained, and
the Reafon why the Defendant fhould be caft; in the fame Manner alfo the
Defendant, after Conclufion of the Plaintiff's Plea, fhall return his Anfwer.
If the Plaintiff gives, in Writing, to the Magiftrate, or Arbitrator, a State-
ment of his Cafe, he fhall write that Statement alfo, in the fame Manner that
hath been above directed; and the Defendant alfo fhall write his Anfwer after
the fame Mode.
If the Plaintiff hath delivered in a written Statement of his Suit, until the
Defendant gives in his written Anfwer, the Plaintiff may take back his Repre-
sentation, to alter what may be too full, or too concife, in fome Places, and give
in a frefh corrected Writing; but if the Defendant hath delivered in his written
Anfwer, the Plaintiff may not correct and rewrite what may be too copious,
or too contracted of his original Plea.
When
( "3 )
When the Plaintiff, or Defendant, writes his Plea or Anfwer, it fhall be written.
with his own Hand ; if he is unable to write, he (hall caufe it to be written by
another : If the Plaintiff or Defendant fhould give one Explanation of his
Cafe, and the Copy iff fhould flate it another way, that Copy iff fhall receive
the fame Punifhment as a Robber.
In a Caufe concerning Property, if the Plaintiff or Defendant fhould be
guilty of a Miftake or two in the Courfe of his Pleading, he mail not, upon
that Account, lofe his Suit, but the Magiftrate fhall fine him.
If a Perfon complains againff another, that, " Such a Perfon has kicked
me on the Head," and it fhould afterwards appear that he has not kicked
him on the Plead, but has flruck him with his Fill, that Perfon is condemned
in that Suit, and he fhall become amenable to the Magiftrate.
When the Plaintiff urges his Plea, the Defendant muft anfwer regularly,
according to the Plea, and not deviate from the immediate Subject of the Suit.
After Suit begun by the Plaintiff, if the Defendant fhould abfeond,
afcer an Abfence of One Month and an Half, he fhall be caff.
After Suit begun by the Plaintiff, if the Defendant delays to anfwer
beyond Seven Days, he fhall be caft; if an appointed Day for Anfwer be
given him, and he does not give his Anfwer in the Time of that Appoint-
ment, he fliall be caft.
If the Plaintiff urges his Plea, and the Defendant denies it, in that Cafe,
when the Plaintiff, by producing Witneffes, can prove his Suit, the Defendant
fhall be caft.
SECT.
SECT. Vh
Of Two Sorts of Anfwer ^ proper arid improper.
That is a proper Anfwer, when, after Statement of the Plaintiffs Plea,
upon the Defendant's giving in his Anfwer, he weighs his Words with fuch
Nicety, that they comprehend the whole of his Meaning, and no Doubt
arifes in the Audience from his pleading, and the firft and laft Parts of his
Speech are well connected and confiflent, and he explains himfelf in fo clear
and perfpicuous a Manner, that every Perfon understands him. — ■ This
is called a proper Anfwer.
That is an improper Anfwer which does not regularly take up the AfTer-
tions of the Plea-, as for Inftance, when the Plaintiff gives a full and copious
Statement of his Cafe, and the Defendant makes a contracted, defective An-
fwer, or when the Plaintiff's Plea is concife, and the Defendant's Anfwer pro-
lix ; when there is a Difference and Inconfiftency between the firft and laft
Parts of the Anfwer, and when it is confufed and varied, fo as not to be in-
telligible. 'This is called an improper Anfwer.
The Two Modes of Anfwer, that have been explained above, are com-
pofed of Four Diftin&ions, viz.
Firft. Mut- hooter.
Second. Shumpertee-putt.
tfhird. Pertubbijh Gunden.
Fourth. Ferrcinek Neeay.
Firft.
( "5 >
Firft. Mut-hooUr^ that is, an Anfwer denying the Plea.
Mut-hooter has Four DiiYindlions.
Firft. When the Plaintiff brings in a regular Bill, and the Defendant fays,
" Your Plea is falfe."
Second. When the Plaintiff brings in a regular Bill, and the Defendant fays,
"I know Nothing of the Matter."
Third. When the Plaintiff brings in his Suit, as, " In fuch a Year, I
depofited fuch Goods in your Hands, or lent you fuch a Sum," the De-
fendant anfwers, " In that Year, I was not yet born."
Fourth. When the Plaintiff brings in a regular Suit, that, " In fuch a
Year, in fuch a Place, I depofited certain Goods in your Hands, or lent
you a Sum of Money," the Defendant anfwers, that, " In the Year fpecified,
I never was at the Place you mention," upon Anfwer being given in thefe
Four Methods, the Proof of the Plea relts with the Plaintiff.
Second. Shumpertee-putt is when a Man producing Claim upon another,
the Perfon anfwers, " I confefs that the Subject of your Claim is in my Pof-
fcffion," in this Cafe, there is no Need of Writing or Witneffes.
Third. Pertubbijh Gunden is when a Man producing a Claim upon another,
the Perfon anfwers, " I acknowledge the Juft ice of your Claim," but at the
fame Time, if he has it not in his Power to make good the Subjecl of the
Claim, he mould {o exprefs himfelf : Pertubbijh Gunden alfo admits of Three
Distinctions : As,
Yy ift. Whew
( "6 )
i K When a Man produces a Claim againft. another, faying, that, lt Yoa
owe me a Debt of One Hundred Rupees" the Perfon anfvvers, " I confefs to
have borrowed One Hundred Rupees of you, but I have repaid them,V in
fiich Cafe, the Proof of the Affair reds with the Claimant;
id. When One Man fays, " Such a Piece of Ground belongs to me by
Inheritance from my Father and Anceftors," and another Perfon alfo affirms
of the fame Piece of Ground, that, " It belongs to me by Inheritance from
my Father and Anceftors," in this Cafe, the Proof of the Affair refls with the
Firft Claimant; and if he is unable to produce Proofs, the Second Claimant
mall then afcertain and prove his Title to the Ground in Queftion.
3 J. When Two Perfons lay claim to the fame Parcel of Land, One faying,
" This Ground belongs to me by Inheritance from my Father and Anceftors,"
the other replying, " I have applied to my own Ufe this Piece of Ground,
for the Space of Ten Years, and of Right it belongs to me," in this Suit, the
former Claimant is held to prove the Inheritance derived from his Father and
Anceftors; if he can prove this Point, then the Caufe mull be referred to the
Chapter of the Daye Bhag^ for confidering the Time of the Ufufruct, which is
explained in the Section of Acquiring a Property in the PoiTeffions of another.
4th. Perranek Necay is when a Man, upon lofing his Caufe before a Magis-
trate, or Arbitrator, fays, that, " My Opponent, in this Affair, was
formerly caft upon a Trial before fuch an Arbitrator, and I gained my
Suit," in fuch Cafe, he who affirms to have had aVerdid in his Favour, upon
the Inveftigation of a former Arbitrator, fliall be held to produce Proofs of
'hat Circumftance..
If
( r>7 )
Ir a Man brings a- Suit againft another, faying, " I lent you One Htin-
dred Rupees" and the Defendant anfwers, "I never received One Hundred
Rupees, I received Fifty Rupees, and have repaid them," in this Cafe, the
Arbitrators fliall firft invefligate the Repayment, and afterwards make In-
quiry, whether the Sum lent was really One Hundred or Fifty Rupees.
If a Man brings a Suit againft another, faying, " You owe me a Debt of
One Hundred Rupees" if the Defendant anfwers, " I never received One
Hundred Rupees, I received Twenty- five Rupees, and have repaid them,"
in this Cafe, the Arbitrators fhall fir ft inveftigate, whether the original Debt
was really One Hundred or Twenty-five Rupees, and afterwards fhall mike
Inquiry as to the Repayment; and in all Cafes, where the Plaintiff makes a
large Demand, of which the Defendant acknowledges a Part only, lefs than
Half the Sum claimed, Inquiry fhall be conducted upon this Principle here
explained.
A Plaintiff .lays his Claim for One Hundred Rupees lent, the Defendant
anfwers, " I never borrowed from you any Part of it," but at the fame Time
the Plaintiff hath in his Hand a Bond for One Hundred Rupees, and it therein
appears that the Defendant hath repaid Fifty Rupees, and there are Witneffes
to this Circumftance, in fuch a Cafe, the Arbitrator fhall firft inveftigate the
Bond, and then examine the Witneffes.
If a Man brings a regular Suit againft another, and that Perfon abfolutely
denies the Claim, in that Cafe, the Plaintiff fliall be held to prove his Claim ;
if the Plaintiff has neither Writing nor Witneffes for his Proof, the Defendant
{hall perform the Purrikeh (that is) an Ordeal, tofatisfy the other,
I*
( n8 )
If a Man brings a Suit againft another, who anfwers, " I am in doubt
about this Affair," fuch Plea is not to be admitted as anAnfwer; in that Cafe,
the Plaintiff fhall prove his Claim by a Deed, by Witneffes, or by Ufufruct
on the Part of the Defendant; if he fails in thefe Three Modes, he fhall take
his Oath, or perform the Purrikeh: In every Affair, where a Deed, Witneffes,
or Proof of Ufufruct cannot be produced, an Oath muff be taken, or thtPurri-
keh oerformed.
■
If a Man brings a Suit againft another, faying, " I have lent you feveral dif-
ferent Articles," and thePerfon anfwers, "I never received One of the Articles
you mention," in that Cafe, if the Plaintiff proves any One of all the Articles
claimed, to be in the Defendant's Poffeffion, the Magiftrate fhall caufe the
whole fo claimed to be reftored: In this Affair, it is not the Fault of the Ma-
giftrate-, if the Plaintiff, having made his Claim for feveral Thing?, mould
add afterwards, that, '• Another Article is ftill in your Poffeffion, which by
Miftake I formerly omitted to mention in my Suit ;" fuch a Claim is not ap-
proved ; according to the Ordinations of Sewarteh Behtacharige, and this Ordi-
nation is approved (or cuftomary.)
If a Man brings a Suit againft another, faying, " I have lent you feveral
different Articles," and that Perfon anfwers, " I have not received any Thing,
if you can prove my Receipt even of One Article, I will make good the whole
of your Claim," in that Cafe, if thePerfon can prove any One Article, the other
fhall be held to make good the whole -, according to the Ordination of Jbgue
JLbgue, and the Pundits of Methilla.
If a Man hath accufed another of the Murder of a Man, or of a Robbery,
or of Adultery, and fhould fay, " You have in feveral Places been guilty of
rfhefe Crimes," and the Defendant denies the Accufation, in fuch a Cafe, if the
Accufer
( H9 )
Accufer can prove upon the other the Commiflion of any One of thefe Crimes,
it (hall be a Proof of the whole Complaint.
If a Man brings a Suit again d another, faying, " I have intruded feveral
Articles (orj I have lent a Sum of Money to your Father, or Uncle, or
Grandfather," which he demands mould be returned, and the other denies
the Affair, faying, " I know not the lead of this Matter, prove your Claim,
and receive it," in that Cafe, whatever Article the Plaintiff can prove he fliall
receive, and whatever he cannot prove he mail not receive.
When Two Perfons upon a Quarrel refer to Arbitrators, thofe Arbi-
trators, at the Time of Examination, mail obferve both the Plaintiff and De-
fendant narrowly, and take notice, if either and which of them, when he is
fpeaking, hath his Voice faulter in his Throat, or his Colour change, or his
Forehead fweat, or the Hair of his Body dand erect, or a Trembling come
over his Limbs, or his Eyes water, or if, during the Trial, he cannot dand
dill in his Place, or frequently licks and moidens his Tongue, or hath his
Face grow dry, or, in fpeaking to One Point, wavers and muffles or? to
another, or, if any Perfon puts a Quedion to him, is unable to return an An-
fvver ; from the Circumdances of fuch Commotions, they mail didinguifh
the guilty Party.
In a Suit where One of the Parties, be it either Plaintiff or Defendant,
produces a Writing, which the other doth not approve or allow, the PofTefTor
of that Writing mail not gain his Suit, until he can confirm it by Proof.
The Mode of afcertaining a Writing is this, that he fliall produce another
Copy of the Man's Writing, who, with his own Hand, drew out the Writing
in Quedion, and fo prove its Authenticity.
Zz If
( 120 )
If a Man brings a Suit againft another, and can by any Means produce
Proof of his Claim, the Caufe fhall be decreed in his Favour.
A Writing is of Two Sort", Firft, that which a Man writes with his own
Hand; Second, that which he procures to be written by another: Of thefe
Two Sort?, that which is written by a Man's own Hand, even without Wit-
nefles, is approved; and that written by another, if void of Witneffes, is not
approved.
When a Debtor, having caufed his Bond to be written by another Perfon,
and, having procurcrdWitnefTes to it, hath borrowed Mon.jy upon it, after thar,
fuppofing that theWitnefs, who figned his Name upon the Bond, and he a-lfo,
by whofe Hand the Bond was written, are both dead, and the Debtor and Cre-
ditor alfo are dead, and a Difpute arifes between the Sons of the Debtor and
Creditor concerning thisBond, theSon of theDebtor, faying, " I know Nothing
of this Bond," then, if the Creditor, or Sons of the Creditor, at theTime when
the Bond became due, had demanded their Money from the Debtor, in the
Prefence of fome other Perfons, and had caufed the Bond to be read by Three
or Four People, and can prove this Circumflance, the Bond is approved;
but if any Article had been pledged, then, even without previous Demand of
the Sum due by the Bond, before other Perfons, and without having caufed it
to be read, the Bond is approved.
If a Lender of Money fays to a Perfon, " A Debt due to me is outftand-
ing in your Hands," and that Perfon denies the D<:bt, if at that Time the
Bond is not in the Lender's Hands, but mould be in fome other Kingdom,
then, until he brings the Bond from fuch other Kingdom, the Suit fliall not
b letermined.
If
( 12'I )
If it fhould happen that a Bond in a Creditor's Pofleflion fhould b.j burnt,
or fome of the Letters in it are become invifibie, or the Bond be ftolen from
him, or by any Means be fpoiled, and, upon Demand of the Sum due, t :
Debtor fhould refufe Payment, in thatCafe, the Creditor mail bring any Per ion
who had formerly feen the Bond, and fhall prove the Bond by his Evidence.
If a Bond in a Creditor's PoiTeiTion fhould chance to be torn, or the Let-
ters fhould be obliterated, or the Bond by any Means be fpoiled, the Creditor
fhall caufe the Debtor, in fuch Cafe, to write a frefh Obligation.
If a Man hath, for any Reafon, executed a Bond, in the Name of another
Perfon, and borrowed a Sum of Money onAccount of it, and afterwards, upon
the Creditor's damanding Payment of the Man, from whom he received the
Bond, that Perfon mould anfwer, " I never borrowed any Money of you, if
I have fo borrowed, produce my Bond," the Creditor fays, " You borrowed
Money of me upon a Bond, written in the Name of another Perfon," which
other Perfon fays, " I never borrowed any Money of you, but, as a ftrict In-
timacy fubfifted between the Borrower and me, he gave the Bond in my Name,
and converted the Money to his own Ule,'' on a Difpute of this Nature, the
Arbitrator fhall firft examine the Connexion that fubfifted at the Time of the
Execution of the Bond in Queftion, between the Borrower of the Money and
him in whofe Name the Bond was paffed, and whether or no they are near
Relations; from thefeTwo Circumstances he fhall form his Judgment, and alfo
from the Evidence of the Witnefs who originally attefted the. Bond.
If a Perfon pofiefTes the Title Deed of any Article, and another Perfon, by
Intervention of his own, renders that Deed unapproved, in that Cafe, he who
poffefTes fuch a Writing fhall reduce it to Proof; but if that Perfon fliould
be dead, after having applied the Article in Point to his own Ufe, the Son of
that
( I22 )
that Perfon mall not be held to prove the Title Deed, but mall prove his
Father's Ufufruct.
If a Perfon, polTefTirig the Title Deed of any Article, fhoukl die, without
having applied that Article to his own Ufe, in that Cafe, his Son lliall be held
to prove the Validity of the Title Deed.
If a Lender of Money mould fay to a Perfon, " You owe me a Sum of
Money, I demand Payment," to which Demand that Perfon makes no Re-
ply, after that, he again makes the fame Demand, and in like Manner receives
no Kind of Anfwer, after a Repetition of fuch Demand for Five feveral
Times, if that Perfon fhould fay to the Claimant, " I owe you Nothing,"
upon fuch a Suit, the Magiftrate mail caufe that Perfon to pay the Claimant
the Money demanded.
If a Plaintiff prefers a Claim, and the Defendant denies it, then, upon
Proof of the Juftice of the Claim, the Magiftrate mall caufe the Money in
Difpute to be paid to the Plaintiff, and mail alfo exact a Fine from the De-
fendant.
If a Perfon, who hath brought a Suit againfl another, can afcertain his
Claim, by the Evidence of WitnelTes, by a Writing, by Proof of Ufufruct, by
•Opinion of Arbitrators, by the Purrikeb, or by an Oath, the Suit fhall be given
in his Favour : If he cannot prove it by any of thefe Means, he is culpable,
even if he acknowledges the Fault he has committed, he fhall ftill be deemed
culpable.
SECT.
i*3
SEC t. vir.
Of Evidence,
Whoever has fecn a Tranfaction with his own Eyes, or has heard ic with
his own Ears, fuch a Perfon is a Witnefs.
When a Plaintiff or Defendant have not applied to a Witnefs, who is
confcious of any Tranfaction, defiring him to appear as a Witnefs in their
Caufe, if the Magistrate, or Arbitrator, fummon fuch a Witnefs, and queftion
him as to the Circumflances of the Tranfaction, fuch Part of his Evidence
as relates to what he has feen with his own Eyes, and heard with his own
Ears, is approved.
When a Perfon, being Witnefs of any Tranfaction, hath explained the
Circumflances of that Tranfa£lion to another Perfon, the Plaintiff or Defend-
ant may conftitute fuch Perfon as a Witnefs, to teltify whatever was ex-
plained to him by the other •, fuch Perfon is called a Secondary Witnefs ; and
the Evidence delivered by fuch Secondary Witnefs is approved.
In a Suit concerning Limits and Boundaries, whoever is acquainted with
the true State of thofe Limits and Boundaries, without being appointed Wit-
nefs in the Caufe, may deliver in his Evidence.
If a Plaintiff or a Defendant fecretly hides a Perfon where he may over-hear
the Difcourfe, and then afks a Witnefs the true Circumftances of the Cafe,
and that Perfon with his own Ears hears the Relation of the Witnefs, fuch
Perfon is called a hidden Witnefs, and the Evidence of a hidden Witnefs
is true.
A a a He
( in )
PIe who is a Witnefs fhall keep by him a written Statement of every Trans-
action, in which he is aWitnefs, that, even after a confiderable Space of Time,
he mav be: enabled to recollect it.
i
A Witness, a Borrower, or a Principal in any other Affair, fhall write
with his own Hand an Account of every Affair fo concerning him-, if he does
not know how to write himfelf, he fhall caufe it to be written by another.
SECT. VIIL
Of Proper and Improper Evide?ice.
A Minor until Fifteen Years of Age, One fingle Perfon, a Woman, a
Man of bad Principles, a Father, or an Enemy, may not be Witneffes; but if
the Father and the Enemy are Men of good Difpofition, and Speakers of
Truth, and Men are well acquainted with the Goodnefs of their Difpofition
and Veracity, thefe Two Perfons may be Witneffes.
He who regulates his Actions by the Beids and Sbeerut of the Shajler, Three
fuch Men fhall be appointed Evidences; lefs than this Number fhall not be
madeWitneffes ; and this Order is in the Chapter concerning Affairs of a long
Space of Time.
Men of every Tribe fhall appoint Witneffes from their own Tribe, as a
Braynin mall appoint a Bramin,a. Chebteree fhall appoint a Ckekteree •, and fo in
regard to each Tribe, Men of the fame Tribe fhall he conftituted Witneffes ;
aWomanalfo fhall appoint a Woman her Witnefs ; but upon the Time of any
Tranfacticn, if a Perfon of the fame Tribe happens not to be prefenr, a Wit-
nefs
f *25 )
nefs fhall be appointed from thofe upon the Spot, to whatever Tribe they may-
chance to belong.
If the Plaintiff or Defendant, at their own Option, appoint a fingle Perfon
only, known to be a Man of Veracity and good Behaviour, as their Wknefs,
that fingle Perfon alfo may become a Witnefs; alio a Perfon who is not of
good Difpofition, yet not fraudulently inclined, nor avaricious, if fuch a Per-
fon be agreeable to both Plaintiff and Defendant, he may, though finale, be
a Wknefs.
a
If the Serwtdteree, or Eramins learned in the Beids, give Evidence, Nine of
them are required; if there are not Nine, there mult be Seven; if there are
not Seven of them, there muft be Five; if there are not Five of them, there
mult be Four; if there are not Four of them, there muft be Three; if there
are not Three of them, Two fhall give Evidence ; a fingle Bramin, learned in
ihc Beids, cannot be a Witnefs.
A Bramin Serwutteree, or learned in the Eeids, a Devotee become very infirm,
and a Sinajfee fhall not be WitnefTes; but if thefe have fren a Quarrel between
Two Perfons, and of themfelves deliver in Evidence, it is approved.
He who hath killed a Man, or who is guilty of Theft, of Adultery, or of
falfe Abufe, or who, enticing a Man to himfelf, by Treachery and Deceit, de-
prives him of Life, and deftroys his Effects, or whoever is a Juggler, and is
conftantly employed in Games of Dice and Chances, or whoever is a perpe-
tual Wrangler, fuch Perfons fhall not be. WitnefTes.
A Slave of either Sex, a blind Man, a Woman, a Minor until Fifteen
Years of Age, an old Man of Eighty Years, a Man afflicted with a Leprofy,
One guilty of Murder, of Theft, of Adultery, or of falfe Abufe, or who, en-
ticing
( 126 )
trcing a Man to himfelf, by Treachery and Deceit, deprives him of Life, and
deftroys his Effects, or whoever is conftantly employed in Games of Dice
and Chances, or who is a perpetual Wrangler, or a Juggler, fuch Perfons, in
Affairs of Murder, of Theft, of Adultery, and of falfe Abufe, may not be
WitncfTcs : In thefe Four Cafes, One fmgle Man of Veracity and good
Conduct, with whofe good Difpofition and Love of Truth Men are well ac-
quainted, may alone be a Witnefs.
• Supposing a Perfon to lend another Money fecretly, or fecretly to intruft
his Property to the Care of another, in fuch Affairs, One fingle Perfon is a
l'ufficient Witnefs.
SECT. IX.
Of the Modes of Examining Witneffes.
lie who means to queftion a Witnefs, having bathed himfelf, fhall put his
Queftions in the Tenth Ghurrie of the Day: The Witnefs alfo, having bathed
himfelf, and turned his Face towards the Eaftern or Northen Quarter, mall
deliver his Evidence: The Examiner fhall afk the Witnefs (if a Bramin) with
Civility and Refpect, faying, " Explain to me what Knowledge you have of
this Affair-," and to a Chehteree he fhall fay, " What do you know of this
Affair? fpeak the Truth-," and to a Bice he fhall fay, " What do you know
of this Affair ? if you give falfe Evidence, whatever Crime there is in dealing
Kine, or Gold, or Paddee, or Wheat, or Gram, or Barley, or Milliard, and fuch
Kind of Grain, fhall be accounted to you j" and to a Socder he fhall fay,
" What do you know of this Affair? fpeak •, if your Evidence is falfe, what-
ever Crime is the greater! in the World, that Crime fhall be accounted
to you."
He
( *2? )
He who means to take an Evidence fhall feparately explain the religious
Merit of faithful Teftimony, and the horrid Nature of the Crime of falfe
Witnefs; as that the Merit of a true Depofuion is greater than the Merit
of a Thogfand sHJiiwnnecdJu^gs : (An AJhummeed Jugg is when a Perfon, having
commenced a Jug*, writes various Articles upon a Scroll of Paper, on a
Horfc's Neck, and difmifies the Horfe, fending along with the Horfe a flout
and valiant Perlbn, equipped with the beft Neceffaries and Accoutrements ta
accompany the Horfe Day and Night, whitherfoever he fhall choofe to go;
and if any Creature, cither Man, Genius, or Dragon, fhould feize the Horfe,
that Man oppoies fuch Attempt, and, having gained theViclory upon a Battle,
again gives the Horfe his Freedom: If any One in this World, or in Heaven,
or beneath the Earth, would feize this Horfe, and the Horfe of himfell comes
to the Hcufe of the Cdebrator of the Jugg, upon killing that Horfe, he r.
throw the Flefh of him upon the Fire of the Jztk, and ui er the Prayer
h:s Deity; fuch a. Jugg is called a Jugg AJJjutnmeed, and the Merit oi :r, a
a religious Work is infinite.) And the Crime of falfe Witnefs is the fame
as if a Man had murdered a Bramin, or had deprived a Woman of Life, or
had aflaflinaied bis Friend ; or of One, who, in return for Good, gives Evil ;
or who, having learned a Science or Profeffion, gives his Tutor no Reward;
or of a Woman, who, having neither Son, nor Grand lbn', nor Grandfon's Son,
after her Huflband's Death, celebrates not the Seradeb to his Memory •, or
a Son, who celebrates not the Seradeb for his Father and Mother ; or of him,
who, having received a Kindnefs, is always mentioning the Faults of his Bene-
factor, and conceals the Benefit received ; or of him, who forfakes any One of
the Four IJrum, or Modes of Life: (The Four IJrum are a lahemdhrry, a
Sintjfee, a Ban Feritjt, and a Houmold^rj of thefe the Ba -_v, the
naffeCy and the Ban Pert/ft, have already been explained in the Chapter of Daye
Bhag , and a Houlholder is he who hath a Wile, a Son, a Brother, and
Grandfonj or, if he hath not thefe, who neverthelefs keeps a Houfe.) Whatever
B b b Crime
( 12S )
Crime is incurred in fiich Actions as above-mentioned, the fame Crime is
incurred by giving falfe Witnefs„
In an Affair concerning Kine, if any Perfon gives falfe Evidence, whatever
Guilt is incurred by the Murder of Ten Perfons, he becomes obnoxious to the
Punifhment due to fuch a Crime, befides the Guilt already explained.
In an Affair concerning a Horfe, if any Perfon gives falfe Evidence,
Guilt is as great as the Guilt of murdering One Hundred Perfons.
Besides Kine and Horfes, in an Affair concerning any other Animal that
hath Hair upon its Tail, if any Perfon gives falfe Evidence, whatever Guii.
is incurred by the Murder of Five Perfons, that Guilt (hall be imputed to him.
In an Affair, concerning a Man, if any Perfon gives falfe Evidence, whatever
Guilt is incurred by the Murder of One Thoufand Perfons, he becomes ame-
nable to the Punifhment of fuch Guilt.
In an Affair concerning Gold, if any Perfon gives falfe Evidence, whatever
Guilt would be incurred in murdering all the Men who have been born, or
who flia.ll be born in the World, fhall be imputed to him.
In an Affair concerning Land, if any Perfon gives falfe Evidence, whatever
Guilt would be incurred by the Murder of all living Creatures in the World,
1* fhall be liable to the Punifhment due to fuch Guilt.
Wherever feveral Perfons areWitnefTes to One Point, the Arbitrators, at
the Time of examining the Witneffes, fhall queftion fuch Witneffes in a Body
together, and fhall not examine them feparately, thefe Witneffes alfo fhall all
tieliver in their Evidence, at once, jointly.
Wherever
( '-9 )
Wherever feveral Perfons are Witnefles feparately, and to different Points,,
the Arbitrators, at the Time of" examining the Evidences, fhall not qucftion
any One of" thefe Witnefles in the Prefence of the reft •, the WitnelTes alio fha.il
each of them feparattly give their own Evidence, out of hearing of the reft.
When a Witncfs is to give his Evidence, he fhall teflify, without having
any Scruple of Doubt remaining in his Mind.
When a Man is appointed a Witnefs, if lie will not give his Evidence,
whatever Guilt is incurred by falfe Evidence, the fame Guilt fhall be impu:ed
to him;, and the Magiftrate fhall exact from him the fame Fine as from aPtr-
ion guilty of falfe Witnefs.
If the Plaintiff or Defendant in a Caufe have appointed any Perfon a
Witnefs, and afterwards fhould fay to him, "Whatever you know of our Cafe,
tell it to anotherPerfon," and theWitnefs upon this relates the Affair to another,
afterwards, when the Arbitrator, having fummoned this Witnefs, proceeds to
Examination, if that Witnefs fhould fay, " 1 know not this Affair," in that
Cafe, whatever is the Value of the Article in Difpute, he fhall pay a Fine of
Eight Times as much: If a Bramin, being appointed a Witnefs, fhould be
guilty of this Practice, a Fine fhall not be exacted from him, but he fhall be
banifhed the Kingdom.
Wherever a true Evidence would deprive a Man of his Life, in that Cafe',
if a falfe Teflimony would be the Prefervation of his Life, it is allowable to
give fuch falfe Teflimony-, and for Ablution of the Guilt of falfe Witnefs, he
fhall perform the Poojeeh Serejhtee-, but to him, who has murdered zBramin, or
isin a Cow, or whov being of the BraminTvibe, has drunkenWine, or has com-
mitted
( *3° )
mitted any of thefe particularly flagrant Offences, it is not allowed to give
falfe Witnefs in Prefervation of his Life.
If a Marriage for any Perfon may be obtained by falfe Witnefs, fuch
Falfehood may be told; as upon the Day of celebrating the Marriage, if on
that Day the Marriage is liable to be incomplete, for want of giving certain
Articles, at that Time, if Three or Four FaJfehoods be aliened, it does not
fignify; or if, on the Day of Marriage, a Man promifes to give his Daughter
many Ornament.-, and is not able to give them, fuch Fuliehoods as thcfe, if
told to promote a Marriage, are allowable.
If a Man, by the Impulfe of Luft, tells Lies to a Woman, or if his own
Life would otherwife be loft, or all the Goods of his Houfe fpoiled, or if it is
for the. Benefit of a Rramin, in fuch Affairs, Falfehood is allowable.
In a Cafe where there are many Witneffes, if, at the Time of Examination,
moft of them give their Evidence for One Perfon, and One or Two of them
depjfe in Favour of the other Party, the Evidence of the Majority is ap-
proved; if of the whole Number of Witneffes Half depofe for One Side, and
Half for the other, then the Evidence of any One of the Witneffes who is a
Man of Science fhall be credited; if they are all Men of Science, the Evidence
of him among them who is the farther! advanced in Knowledge is approved;
if the Knowledge of all of them is equal, the Teftimony of him among them
who regulates his whole Conduct by the Beids is approved; if they all regu-
late their Conduct by the Beids, and the Evidence of fuch Men is contradic-
tory, then fuch a Suit as this cannot be decided by theTetlimony of Witneff-
es ; but the Purrikcb muff be performed.
In every Suit where there is a Witnefs and a Writing, or a Proof of Ufu-
frudt, there fhall be no Obligation to perform the Purriheh.
If
( '3* )
If either the Plaintiff or Defendant defame the Character of a Witnefs,
vvhofe Conduit is unblemifhed, for fuch Defamation of a fpotlefs Character,
the Magiftrate mall exacl a Fine from that Perfon.
b EC 1 . X.
Of Appointing Arbitrators more than once ; and of the
Mode of drawing up the Statement of a Caufe.
The Arbitrators, at the Time of having made an Examination, fliall write
a Jee Pctr (J. e.) a Statement and Decree, and they mall draw it up in this
Manner :
Firft. They mall write whatever the Plaintiff urged as the Matter of his
Claim.
Second. After that, they fliall write whatever Anfwer the Defendant gave
to that Plea; then they fliall fcate whatever Evidence was delivered in by the
Witneflesj or, if aWriting was given in, they fliall exprefs the Contents of it;
or otherwile they fliall write the Circumftances of Ufufruft, or of Opinion, or
of the Purrikeh, or of the Oath-, afterwards they fliall write the Names of
all the Arbitrators who were prefent: In this Manner, upon whatever Prin-
ciple the Examination proceeded, fliall a Statement be drawn up, viz. We,
being fuch and fo many Perfons, have made this Examination to the belt of our
Knowledge.
o
Every Caufe that comes to a Proof from the Face of a Writing, or from
WitneiTes, and the Plaintiff and Defendant are wearied out with Vexation o{
C c c the
( *32 )
the Difpute, the Arbitrators, at the Option of the Plaintiff and Defendant,,
mall adjuft and determine it.
When the Arbitrators have made a thorough Examination, if he who is
proved culpable goes afterwards with Complaint to a Magiftrate, the Magis-
trate fliall not give him another Arbitrator.; but fliould that Man affert, that,.
" The Arbitrators have committed Injuftice; if they have not committed In--
juftice, I will forfeit a Fine of double the Sum now in Difpute;" upon a Pro*
pofitipn of this Nature, the Magi (Irate may appoint other Arbitrators.
If the Arbitrators have committed Injuftice, and the Plaintiff can bring
this Matter to a Proof, then the Magiftrate fliall appoint other Arbitrators,
and fliall hold the former Arbitrators amenable.
If a Man is convicted by his own Words, and afterwards petitions the Ma-.
giftrate for other Arbitrators, in that Gafe, the Magiftrate ihall not. give him
other Arbitrators.
If an Arbitrator hath made his Examination under the Impulfe of Luft; cr
Enmity, or in Sicknefs, or through Fear, or Pofitivenefs, or Anger, it is not.
approved;
SECT. XL
Of Giving Preference to a Claim.
If the fame Article be fold, or pledged, or given away, at twice, to Two
different Perfons.the firft Tranfaction is approved ; in all other Cafes the latter.
I?
( '33 )
If any Perfon, liaving fold any Article to One Perfon, fells the fame Thing
afterwards to another; or, having pledged it once any where, pledges it a Second
Time at another Place; or, liaving once given it to One, afterwards prefents
it to another-, then he who firft bought ir, or who firft received it in Pledge, or
to whom it was firft given, is to be believed ; and the lad Purchafer, Pledgee,
or Accepter, is not approved.
If a Man hath borrowed Money from another upon Agreement for a fmall
Interefc, and afterwards, at his own Option, confents to an increafed Rate of
Intcreft, the former Agreement is to be believed.
If a Man, having depofitcd any Article with One Perfon, mould afterwards
give the fame Thing as a Pledge, or mould fell ir, or prefent it to another,
then it mall belong to him who bought it, or to whom it was pledged or pre-
lented.
If a Man,, having pledged any Article with One Perfon, fhould afterwards
fell or give it away to another, in that Cafe, the Article above-mentioned fhall
go to him who bought it, or to whom it was given-, but he, in whofe Hands
it was detained as a Pledge, fhall receive the Money due to him from his
Debtor ; if the Debtor is dead, or hath abfeonded, he fhall receive the Sum of:
his Debt, from him who hath bought the Article, or to whom it was given,
CHAP;
( '34 )
CHAP. IV.
Of Truft or Depofite,
Truft or Depofite is of Three Sorts,
Firji, When a Man intrufts his Property to another, upon this Considera-
tion, viz. That, if I depofite anyThing with this Man, I ihall moll: certainly
recover it again: -Such Truft is called Neekheep.
Second. When a Perfon from Sufpicion of the Magiftrate, or of Thieves,
or from a Defire that his Heirs fhould not get PoiTtfnon, intrufts his Property
to another: — This is called Neeajh.
Third. When a Man intrufts his Property to another, and that Perfon
makes over the fame Property in Truft to a Second, informing him, at the
fame Time, that fuch Property belongs to fuch a Perfon, and muft be returned
to him: — Such Truft is called Enabut.
In the Place where a Man refides, it muft be inquired, whether he be of a
good Family, of approved Conduct, of religious Principles, and a Speaker of
Truth, whether he be very rich, and hath many Friends and Relations ; when
thefe Circumftances are favourable, Property fhall be trufted to fuch a Perfon.
If a Man, having fealed and marked his Property, hath delivered it inTruft
to any Perfon, the Truftee, upon redelivering fuch Goods, ihall return theni
with the fame Seal and Markj if there be not the fame Seal and Mark, he
ihall
( 135 )
(hall undergo the Purrikeb, or take his Oath concerning the Alteration of
the Property in Truft.
If a Perfon fhould make ufe of any Property intruded to him, or it be
fpoiled for want of his Care and Attention, then, whatever Crime it is for a
Woman to abufe her Hufband, or for a Man to murder his Friend, the fame
Degree of Guilt fhall be imputed to him, and the Value of the Truft mull be
made good.
A Man ought not to take upon himfelf the Truft of anothers Property-,
if he accepts fuch Truft, he mult preferve it with Care, and return it upon the
Firit Demand.
If a Perfon hath intrufted any of his Property to another, and the Son of
that Perfon fhould demand the Property fo intrufted, the Truftee fhall not de-
liver the Depofite without Order of the Father.
If a Man who hath intrufted any Property to another fhould die, and the
Son of the Deceafed does not demand his Father's Property, yet the Truftee
fhall of himfelf deliver up the Truft to that Son.
If a Man hath received in Truft the Property of another Perfon, and that
Property, together with his own Effects, fhould be fpoiled, in that Cafe, he
fhall not make good the Penalty upon the Property in Queftion ; and if it be
fpoiled by any unforefeenAccident, or by the Innovation of the Magiftrate, in
that Cafe alfo, he fhall. not make good the Value.
If, at anyTime, in any Manner, the Property in Depofite be fpoiled by the
Fault of the Truftee, he fhall make it good.
D d d If
( *3S )
U Property in Depofite mould fall into the Water, or be burn!:, or ftolen,
and the Truftee conceals any Part of it that may happen to have been {lived,
and this Circumflar.ee can be proved, in that Cafe, he fhall make good the
whole Property.
If a Perfon hath intrufted his Property to another for a fettled Time, or
hath depofited it with this Agreement, " That whenfoever the Neceflities of
my own Affairs mall caufe me to remand my Property, it (hall be returned to
me," then, if according to fuch Promife, or theAppearance of the Depofitor's
Affairs, Application be made, and the Truftee fefufes to deliver the Property,
and after fuch Refufal it be fpoiled, the Truftee fhall make good all fuch Pro-
perty, with Intereft upon it; alfo, if, within the Time fettled, it be fpoiled by
the Negligence of the Truftee, in that Cafe alfo, he mall make it good with
In re re ft.
Ir a Perfon hath aflbciated to himfelf other bad Men, in the fraudulent and
deceitful Concealment of Property intrufted to him, the Magiftrate fhall punifh
and fine the Truftee, and caufe the Property depofited to be reftored to the
Owner.
If a Truftee does not return to the Owner, upon Demand, the Property
depofited in his Hands, the Magiftrate fhall fine him.
If a Perfon hath borrowed any Thing from another, promifing to return
it whenever the Bufinefs for which it was borrowed is completed, and then
fraudulently and deceitfully detains it, the Magiftrate fhall caufe the borrowed
Property to be returned to the Owner, and fhall fine the Borrower; alfo, if the
Thing borrowed be not returned, after the Conclufion of the Bufinefs, and it
fhould be afterwards fpoiled by any Accident of the Seafon, or any Innovation
of
( *37 )
of the Magiftrate, the Borrower fhall make it good; and if, during the Time
the Bufinefs is in Hand, it mould be fpoiled by any unforefeen Accident, or
Innovation of the Magiftrate, it mall not be made good.
If any Perfon hath given to a Workman, under a Stipulation, for the Pur-
pofe of making Pots or Ornaments, or any Kind of wrought Work, Gold,
Silver, Tutenague, Copper, Brafs, or fuchKind of Metals, and the Workman
fraudulently and deceitfully conceals it, in that Cafe, the Magiftrate fhall caufc
the Article to be returned to its Owner, and fhall exact a Fine from the Work-
man; or upon the Workman's not having given the Thing within the Time
ftipulated, if, after the Expiration of the Term of the Agreement, the Thing
fpecified be fpoiled by any Accident of the Sealbn, or the Injuftice of the Ma-
giftrate, the Workman muft make it good; but if, within the Time ftipulated,
the Commodity fhould be fpoiled by any Accident of the Sealbn, or Innova-
tion of the Magiftrate, it fhall not be made good.
If a Perfon employs in Trade the Property intruded to him, without Or-
ders from the Owner to that Purpofe, the Magiftrate fhall take a Fine frora*
■the Truftee, and caufe the Property in Truft to be returned with Intereft; and
if, without employing fuch Property inTrade, theTruftee mould expend it, to
furnifh himfelf with Victuals or Cloaths, in that Cafe, he fliall repay the de-
pofited Property with Intereft, but he mail not be fined.
If a Man is defirous to intruft his Property to another, and that Perfon fays,
" I am not able to take charge of fuch Property," and, after a long Conver-
fation and Debate, the Firft Perfon doth intruft his Property to the other, and
the Truftee employs that Property to find himfelf in Food and Cloaths, he
ihall, in that Cafe, return whatever Property was intrufted to him, but he fhall
not pay any Intereft upon it.
If
( »3» )
If a Perfon, who hath not intrufled his Property to another, mould fay to
him, "I have depofited certain Things to your Charge, return them to me,"'
in that Cafe, if the Demandant be poor, and hath always preferved theTenets
of his Caft, he (hall pay to the Magiflrate a Fine equal to the Sum falfely
claimed ; if he is rich, and an Apoftate from the Piinciples of his Tribe, a.
double Fine mall be taken from him»
If any Perfon hath out of Ignorance fpoiled any intrufled Property, then he
who fpoiled that Property fhall not be obliged to make it good ; alfo, if h^
mould die, his Wife and Son fhall not be held to pay.
C II A P.
f 139 )
C H A P. V.
Of Selling a Stranger s * Property.
Whoever fells to any Man anothers Property, or Goods in Trull, or Pro-
perty mortgaged, or Things borrowed, or loft Goods that he hath found, or
Things ftolen, or any Things of this Kind, being the Property of a Stranger,
without Confent or Command of the Owner, is called JJhwdmee Peikeree (1. e.)
a Seller of a Stranger's Property.
If. a Perfon, not being Owner of certain Property, fells that Property to
another, or gives it away, or mortgages it, without Confent of the Owner, it is,
not approved.
If a Perfon, defcended from the fame Grandfather with the Owner of cer-
tain Property, mould fell or give away fuch Property, without Confent of the
Owner, the Magiftrate fhall fine him Six Hundred Puns of Cowries, and caufe
the Property to be reftored to the Owner: — According to the Ordinations of
Chendeefur.
If a Perfon, defcended from the fame Grandfather with the Owner of cer-
tain Property, caufes that Property to be brought by the Hands of a Stranger,
and fells it without the Confent and Command of the Owner, then the Ma-
giftrate fhall fine him in a larger Mulct than Six Hundred Puns of Cowries;—
According to the Ordinations of Chendeefur.
E e e If
• A Stranger here means a Perfon in no Degree related to the Seller,
( Ho )
If a Perfon, defcended from the fame Grandfather with the Owner of cer-
tain Property, fhould himfelf produce that Property, or caufe it to be produced
by the Hands of another, and fell it, or give it away, then the Magiftrate fhall
fine him Six Hundred Puns of Cowries: — This Ordination is approved, ac-
cording to the Ordinations of Pbakooree, Meidhab-teetee, and Kulp-teroo, and
Pacbefhputtee Mijr.
If a Perfon, not defcended from the fame Grandfather with the Owner of
certain Property, frnuld of himfelf take any Thing out of the Owner's Houfe,
and fell it, or give it away, without Conftnt or Command of fuch Owner, he
mail receive the fame Puniihment as a Thief: - According to the Ordinations
of Chep.dcefur.
If a Perfon, not defcended from the fame Grandfather with the Owner of
certain Property, fhould either of himfelf, or by the Hands of another, procure
fuch Property, and fell or give it away, without the Confent or Command of
the Gwner, the Magiftrate fhall take from him the fame Fine as from a Thief:
According to the Ordinations of Pbakooree, Meidhab-teetee, Kulp-teroo, and
Pachejhpultee Mifr : — Approved.
If a Perfon hath openly pnrchafed any Commodity from another, who was
not the Owner of it, and afterwards the Owner fhould come and fay to the
Purchafer, " This Property belongs to me," and fhould produce Proof of this,
and if alfo he hath not given away, nor fold that Property to another, and
likewife cm prove this, and it fhould happen, that, btcaufe the Seller of that
Property lives in another Kingdom, the Purchafer cannot caufe him to appear,
yet knows where the Seller lives, in that Cafe, the Purchafer fhall not be ame-
nable •, but the Magiftrate (hall give the Property to the Owner, and caufe the
Value thereof to be given to the Purchafer.
If
( Hr )
If a Perfon hath openly purchaied any Commodity from another, who was
not the Owner of it, and at the fame Time does not know where the Seller
refides, fo as to caufe him to appear, and afterwards the real Owner mould
come and prove his Property, and hath not given or fold it to any Perfon, and
proves this alfo, then the Purchafer, taking Half the Value of the Property
from the Owner, mail reflore to him his own Property.
If a Perfon out of Ignorance hath fold the Property of another, the Magif-
trate fhall fine him Six Hundred Puns of Cowries; if he fold it knowingly,
he fhall be punifhed as a Thief.
If a Perfon hath openly fold any Commodity, and afterwards another Per*
fon mould come and fay, " This is my Property," but at the fame Time
cannot prove himfelf Owner thereof, the Magiftrate fhall punifh the falfe
Pretender as a Thief, and the Purchafer of the Commodity fhall retain it in
PoiTeflion.
If a Man clandeftinely in his own Houfe, or without the Village, or in
the Night-Time, or from a Man of general bad Character, mould purchafe
any Commodity, at a Rate inferior to the real Value, the Magiftrate fhall punifh
the Purchafer as a Thief.
If an indigent Man fells to another Perfon any Commodity that is not
fuitable to the Seller's Condition in Life, in that Cafe, the Purchafer fhall be
punifhed as a Thief.
If a Perfon buys any Commodity from a Man who is not the Owner, and
afterwards the real Owner fhould come and fay, " This Commodity belongs
to me, neither have I given or fold it to any Perfon," and this is alfo proved,
and
( 14-2 )
and die Purchafer knows not where the Seller refides, and there alio mould*
fnppen to have been no Perfon prdent at the Time the Purchafe was made,
upon a Difpute of this Nature, the Magiftrate mall caufe the purchafed Com-
modity to be returned to the Owner, and mall take a Fine from the Purchafer.
If a Peifon buys any Commodity from a Man who is not the Owner, and
afterwards the real Owner fhould come and prove himfelf the Owner, and the
Purchafer fhould have it in his Power to produce the Vender, then there is no
farther Connexion between the Purchafer and Vender; if the Vender is not
upon the Spot, the Purchafer fhall fettle a ftipulated Time for caufing the
Vender to appear; then, upon the Vender's Appearance, the Magiftrate mail
order him to pay to the Purchafer the Price of the Commodity, and caufe the
Property to revert to the right Owner, and punilh the Vender as a Thief.
If a Man, whofe Property hath been loft, or fquandered away, mould find
fuch Property in any Stranger's Hand, and feize upon it, without acquainting
the Magiftrate, he fhall be fined Ninety-fix Puns of Cowries.
CHAP.
( * + 3 )
CHAP. VI.
Of Shares.
Sed. I. Of Shares of Trade in Partnerfliip.
Sed. II. Of Shares of Artificers.
SECT. I.
Of Shares of Trade in Part?ierjliip*
A Man of a reputable Caft, experienced in Bufinefs, induftrious, intelli-
gent, and understanding his Income and Expences, a Man of Virtue, and of a
clean Charader, and of Perfeverance in his Affairs, Rich a Man is to be chofen
as a Partner in Trade.
If Perfons have commenced a Partnerfliip in Trade, without a fettledAgree-
ment concerning their rtfpedive Shares in the Profit and Lois, in that Cafe,
they fhall underftand their Profit and Lofs to be in Proportion to the Stock;
if they have commenced the Partnerfhip upon a fettled Agreement concerning
the Shares of Profit and Lofs, they fhall underftand their Profit and Lofs to
be according to the Agreement.
• Trade fhall be carried on with fuch Perfons as have never been convided
of any fraudulent Pradices ; if, after the Commencement of the Partnerfliip,
the Appearance of any Fraud in either of the Partners mould arife, the Party
fufpeded fhall clear himfelf by taking an Oath, or undergoing the Purrikeb.
Fff Ie
( *44 )
ft Stock of a Partnerfliip inTrade be fpoiled by any unforefeen Accident,
or by any Innovation t>f the Magiftrate, the Lofs ihall fall upon the Shares of
all the Partners.
If a Perfon, without Confent of his Partners, nolens volens, in Oppofition to
them, fliould undertake any Bufinefs, and the Stock is thereby injured, he
(hall make good that Stock to the Partners.
If an unexpected Calamity, or any Innovation of the Magiftrate fliould
take place, during that Calamity, if any One of the Partners can preferve any
Part of the Stock, he ihail receive to himfelf One Tenth of the Property fy
preferred.
To a Man who hath been guilty of Frauds, no Part of the Profit mall be
given •, but his original Share of the Stock fhall be returned to him, and he
lhall be excluded from the Partnerfhip.
If either of the Partners excufes himfelf from the Bufinefs, or the Prefcrva-
tion of the Stock, he fhall appoint fome able Perfon, upon his own Account,
in his room; and if either of them, who is capable of transacting every Part of
the Bufinefs, and who has engaged in fome of the Trade, fhould die, in that
Cafe, whoever is his Heir fhall receive OneTenth of the Profit, and alfo his ori-
ginal Share: If he has no Heir, the Perfon who had the Care of the Stock fhall
receive the Tenth Part of the Profit -, if the Care of the Stock was intrufted to
no One in particular, all the Partners fhall receive equal Shares •, if all the Part-
ners arc dead, the Magiftrate's Officers fhall carry all the Goods to the Ma-
giftrate for his Infpection, and the Magiftrate fhall detain the Goods, untjl
the Heirs bring in their Claim j if the Heirs come in, and prove their Right
of
f M-J )
of Inheritance, the Magiftrate (hall give up all Pretenfions to the Goods; if
there is no Heir, and the Houfe of the deceafed Merchants be at a great Dis-
tance, the Magiflrate Ihall keep the Property in his Cuftody for Ten Years;
if the Houfe be not at fo very great a Diftance, he (hall keep it in Cuftody
for Three Years-, if their Houfe is very near, he (hall keep ;n Cuftody that
Property for OneYear; if, within that Space of Time, any Heircoroes in, and
Cun prove himfelf the Heir, in that Cafe, the Magistrate ihall take for hirflfelf
One Part in Twenty of the Property of a Bramin, One Twelfth of the Property
of a Cbehteree, One Ninth of that of a Bice, and One Sixth from that of a
Seodcr; if, within that Time, no Heir mould appear, the Magiibate Ihall ap-
propriate to himfelf the Property of a Cbehteree, Bice, and Sooder, and give a
Bramin9 s Property to other Bramins ; and if there are jao Bramins, he ihall cauic
it to be thrown into the Water,
S E C T. II.
Of the Shares of Artificers,
If feveral Perfons labour jointly in Gold and Silver, or fuch Species, or in
Silk, or in Wood for Fuel, or in Stone, or Leather, or fuch Kind of Things.,
the Perfon who is but a young Practitioner in the Art (hall receive a fingls
Share, and he who is more experienced mall receive Two Shares, and he who
is a complete Artificer at the Bufinefs fhall receive Three Shares, and he who
is Inftructor to them all Ihall receive Four Shares.
k If a Perfon jointly with others builds a Houfe, or makes a Pool, he who
is Chief among them all fhall be entitled to a double Share thereof; the others
(hall each receive a fingle Share.
Among
( i+6 )
Among Singers, Muficians, and others exercifing fnch Kinds of ProfefTions,
whoever of them understands the Regulation of Time (hall receive One Share
and a Half; the others mall receive each One Share, and the Chief fhall receive
Two Shares.
The Mode of Shares among Robbers is this : If any Thieves, by the Com-
mand of the Magiftrate, and with his AfTiftance, have committed Depredati-
ons upon, and brought any Booty from another Province, the Magiftrate ihall
receive a Share of One Sixth of the whole; if they received no Command or
AfTiftance from the Magiftrate, they fhall give theMagiftrate, in that Cafe, One
Tenth for his Share-, and of the Remainder their Chief fhall receive Four Shares;
and whofoever among them is perfect Mafter of his Occupation fhall receive
Three Shares ; alfo whichever of them is remarkable ftrong and (tout fhall re-
ceive Two Shares, and the reft fhall receive each One Share; if any One of the
Community of the Thieves happens to be taken, and fhould be releafed from
the Cutcberry, upon Payment of a Sum of Money, all the Thieves fhall make
good that Sum by equal Shares.
All tlitfe Shares of Painters, Singers, Thieves, &?*. that have been above
explained, are to be underftood in Cafes where no Agreement of Shares hath
been originally fettled; if any Agreement among them, in regard to Shares,
Jiatn taken place, they fhall receive their Proportions by the Tenour of fuch
Agreement.
CHAP.
( 147 )
CHAP. VII.
Of Gift (or Alienation by Gift. J
This has Four DiJlinElions :
Fir/}, Of what is not liable to be given away (i. e.) Adew.
One Partner cannot give away Goods belonging to the Partnership, with-
out Confent of the Partners ; but according to the Ordination of Pacbejhputtee
JVfifr, Sewarteb Behiacharige, Jeimoot Babunt and Sirree Kijben Terkalungkar, it is
thus explained, That, from the Goods in Partnerfhips, if anyPerfon gives away
any Thing of that Part to which he has a Right, as his own Share, the Gift
is approved, but the Donor is blamable : — Approved.
If a Calamity mould happen to any Perfon, he may not give away his Wife
to another Man, without that Wife's Confent ; if fhe is willing, he has Power
to give her away.
If a Man, during a Calamity, gives away or fells his Son to any Perfon,
without the Confent of that Son, it is not approved; if the Son is willing, the
Father has Power to k\l or give him away.
If a Man hath only One Son, and that Son is willing to be fold or given
away, in that Cafe, even in Time of Calamity, the Father hath not Power to
fell or give away his Son.
Ggg The
( 148 )
The Wife may not give away or fell her Son, without the Confcnt of her
Hufband ; if me fo gives away or fells her Son, it is not approved ; if fhe hath
her Hufband's Order to give away or fell her Son, it is approved.
A Person cannot give away or fell to any One the whole of his Property,^
without the Confcnt of his Heirs ; if he fo (dh it, or gives it away, it is not
approved ; according to the Ordinations of Pachejhpittee Mifr.
If a Perfomwho hath an Heir alive, fells or gives away the whole of hisPro-
perty, the Sale or Gift is approved; but it is to be imputed a Crime in the
Vender or Giver; according to the Ordinations of Shertee Star: — Approved.
During the Life-Time of an Heir, even if that Heir be willing, yet then
a Perfon may not give away or fell the whole of his Property; according to the
Ordinations of feme Pundits, whofe Names are not exprelTed in the Compila-
tion.
A Person mall not give to another any Thing pledged to himfelf ; if he
gives it away, or fells it, it is not approved.
A Person lliall not give to another any Thing committed in Truft to him-
felf; if he gives it away, or fells it, it is not approved.
A Person, who hath borrowed any Thing from One Man, mall not give
away the Thing fo borrowed to another; if he fo gives it away, or fells it,
it is not approved.
If
( Ho )
If a Man fliall have told another, " I will give you thisThing as a Prefent,"
that Man fliall not afterwards give away the fame Thing to a Second -, it he is
gives it away, or fells it, it is not approved.
Second, Of what is liable to be given (i, e>.) Den:
If a Man's Property and Pofllfiions are more than will fufiice to feed and
clothe his Dependants, fuch Overplus of Property and PofTeflions is liable to
be given away \ if there is not more than is necefiary for fuch tJfes, it is not
liable to be given ; if he gives it away, the Gift is not approved, and thy
Giver incurs a Blame.
If a Man hath told another, " I will give you fuch a Thing," and after*
wards doth not give it, he is in Danger of Gebennum : Alio, if, after having
given it, he takes back his Gift, in that Cafe, he goes to Hell.
If a Man, not knowing the Objection of Want of Cad in another, hath
promifed to give him anyThing, and afterwards, upon difcovering his Difgrace,
doth not give it, he is not in fault.
If a Man, having defired of his own Free- Will to give any Thing to a
Bramin, doth not give ir, the Magiftrate (hall caufe him to give the Thing
fpecified, with Intereft, and fliall alio take from him a Fine,
Third, Of what hath been once given cannot be taken back (i. e.) Butta.
If a Perfon pays Wages for Work which he hath caufed to be done, he
cannot take fuch Wages back again.
( 15° )
If a Perfon, by a Difplay of his Abilities, gives another great Satisfaction,
who, in confequence, makes him a Prefent, that Gift may not be taken back.
When a Man hath purchafed any Article, he muft, at all Events, pay the
Price of if, and, afterpayment, he fhall not have Power to take it back.
If a Perfon, upon the Marriage of his Son or Daughter, hath given any
Thing, by way of Gratification, to the Son's Wife's Father's Family, or to
•the Daughter's Hufband's Father's Family, he fhall not have Power to take
it back.
If a Man gives any Thing to another who hath conferred an Obligation
upon him, he mall not have Power to take back his Gift.
If a Man, to his own Satisfaction, hath given any Thing to another who
deferved Favour, there is no Redemption.
If a Man, in the way of Amity, gives anyThing to his Friend, he hath not
the Power of taking it back.
o
If a Man, out of Kindnefs, hath given ought to his Son, to his Grandfon, or
to his Grandfon's Son, or any fuch Heir, he may not take it back again.
Fourth, Of Gift unapproved (*'. e.) Dutt.
If a Man, from a violent Impulfe of Fear, gives any Thing to another, it
is not approved.
If a Man, from a violent Impulfe of Anger, gives any Thing to another,
k is not approved.
If
I <5« )
If a Man, from a violent Impulfe of Lull, gives any Thing to another,
it is not approved.
If a Man, from violent Impulfe of Grief, gives any Thing to another
Perfon, it is not approved.
If a Man, having determined in his own Mind to give One particularThino-
to any Perfon, by Miftake gives another Thing inftead, it is not approved (or
valid.)
If a Man jeftingly gives any Thing to another, it is not approved.
If a Man hath determined in his own Mind to give any Thing to One Per-
fon, and by Miftake gives it to another, it is not approved.
If a Man,without knowing it, gives any Thing to another, it is not approved.
If a Child, who cannot diftinguilh between Good and Evil, gives a Perfon
any Thing, it is not approved.
If a Perfon, who cannot diftinguifh his own Good and Evil, gives a Perfon
any Thing, it is not approved.
If a Son or Grandfon, during the Life of the Father or Grandfather, or a
Servant, while he hath a Mafter, gives away any Thing, it is not approved.
If a Man,who hath drunkWine until he is intoxicated, mould, during that
Intoxication, give any Thing to another, it is not approved.
H h h If
( «3* )
If an Idiot gives a Perfon any Thing, it is not approved.
If a Perfon, whofe Relations are in abfoluteWant of Food and Cloaths,
gives any Thing to another, it is not approved.
If a Man fays to another, " Do you perform myBufinefs for me, and I will
reward you for it," if that Perfon cannot do the Bufinefs, the other mail not
give him any Thing j if he hath given him any Thing as Earned, he may take
it back ; if the Perfon will not return it, the Magiftrate fhall oblige him to
Reftoration, and fhall fine him alio Eleven Times as much.
If a Perfon, having declared, that he would give Something to another for
a religious Account, mould die, his Sons fhall give it; if it be not for a reli-
gious Account, they fhall not give it.
If a Man fays to another, " I will give you Something, if you can procure
me a Witnefs on a falfeTeftimony, in a certain Affair," then, even if the other
produces a Witnefs on the falfe Teftimony, the promifed Gift fhall not be
made good ; if it was given before the Execution of the Bufinefs, it may be
taken back.
If a Man fays to another, " I will give you Something, if you are able to
apprehend a Thief, or a Murderer, or fuch Kind of Criminals," then, even if
the other mould apprehend and bring fuch a Perfon, Nothing fhall be bellowed
on that Account •, if any Thing had been given before the Bufinefs, it may be
taken back.
If any Perfon hath requefted and received any Thing from another upon a
relgious Account, and doth not then fulfil that Ad of Religion, that Perfon
* • may
(
r$3
)
may take back the Thing given -t if by Force, or out of Avarice, it be not
returned, the Magiftrate fhall caufe it to be given backj and fhall take a Fine
from the Detainer.
If a Perfon receives from another any of thofe Things which are not liable
to be given away, the Magiftrate Hull fine him..
CHAP.
( 154 )
CHAP. VIII.
Of Servitude.
Sect. I. Of Appellations of Apprentices, Servants, Slaves, fcfr.
Seel;. II. Of the Modes of Enfranchifing Slaves.
Sect. III. Of fuch as are Slaves, and of fuch as are not Slaves,
SECT. I.
Of appellations of Apprentices, Servants, Slaves, &c*
Service is of Five Sorts, viz.
i. Sbijh.
2. Antee Bq/bee.
3. Bhertuk.
4. Adhegeemn Gerrut.
5. Dofe.
The Firft is when a Perfon is learning the Science of the Beids, or any
other Shaft er 1 he is called Sbijh ; and, until he hath learned the Science, he
fhall perform Service for his Tutor •, and, during the Time he remains in his
Tutor's Houfe to learn that Science, whatever Gain he may happen to acquire
by fuch Science, his Tutor fhall receive.
The
( *55 )
The Second is when a Perfon is learning Painting, or Defigning, or
Needle-Work, or any other fuch Employment from an Inftructor, lie is cdled
Antec Bajhee -, and while he is learning that Art, he mail perform Service for
his Mailer ; and while he remains in his Mafter's Houfe, until he mall hive
learnt that Art, during that Time, whatever Gain he may happen to acquire
by fuch Art, his Matter fhall receive ; and if an Apprentice mould for fake
his Matter, who is without Fault, and mould go elfe where to learn his Art,
the Magiftrate fhall banifh fuch Apprentice from the Kingdom.
The Third is Bhertuk, which is Twofold; the Firft Arteh Bherut ^ the
Second Bhook Bherut.
i. When a Perfon, on receiving Wages, performs Service for it, that is
called Arteh Bherut.
2. When a Perfon, peopling and cultivating the Lands of any other Man,
takes a Part of the Crop, by way of Wages, or who, upon breeding-up, for
another Perfon, Kine, Buffaloes, and fuch Kind of Cattle, takes for his
Wages the Milk, or fome of the Kine and Buffaloes aforefaid, that is called
Bhook Bherut.
The Fourth is when a Man takes care of his Relations and Family, that
is called Adhegeerun Gerrut : From Servants of thefe Four Kinds no undue
Service fhall be required ; they fhall be caufed to perform only fuch Duty
as is fuitable to their Caft : Undue Service fhall be performed by the Dofs.
Undue Service is as follows : To fvveep and cleanfe the Houfe, the Court of
the Houfe, the Doorway or Entrance, the NecefTary, and other impure Places ;
and in Times of Sicknefs to attend upon and cleanfe the Patient, after the
I i i natural
( >56 )
natural Evacuations ; and to take away the Excrements, and to rub the Feet:
F.xcept thefe Kinds of Service, all other Duty is fuitable and due.
The Fifth is Dcjs, or Slaves -, and the Dofs is of Fifteen Species-:
1. Whoever is born of a Female Slave, and is called Cerhejat,
2. Whoever is purchafed for a Price, and is called Keereeut.
3. Whoever is found anywhere by Chance, and is called Lubdehee.
4. Whoever is a Slave by Defcent from his Anceftors, and is called
Dayavaupakut.
5. Whoever hath been fed, and hath had his Life preferved by another
during a Famine, and is called Eenakal Behrut.
6. Whoever hath been delivered up as a Pledge for Money borrowed,,
and is called Ahut.
7. Whoever, to free himfelf from the Debt of One Creditor, hath bor-
rowed Money from another Perfon, and, having difcharged the old Debt,
gives himfelf up as a Servant to the Perfon with whom the prefent Debt is
contraclcd; or whoever, by way of terminating the Importunities of a Cre-
ditor, delivers himfelf up for a Servant to that Creditor; and is called Mookhud,
8. Whoever hath been enflaved by the Fortune of Battle, and is called
Jccdch Perraput.
n. Whoi.vf.r becomes a Slave by a Lofs on the Chances of Dice, or
other Games, and is called Punjeet ; according to the Ordinations of Per kajh-
kar
( m )
bar and Parreejaut ; and according to the Ordination of ' Chenieefur \ ft is thus :
That by whatever Chance he is conquered, and becomes a Slave, he is called
Punjeet : — Approved.
10. Whoever, of his own Defire, fays to another, " I am become your
Slave," and is called O.pookut.
ii. When a Chehteree, or Bice, having become Sinafiee> apoflates from
that Way of Life, the Magiftrate fhall make him a Slave, and is called Perberja-
bejheet.
12. Whoever voluntarily gives himfelf as a Slave to another for a fti-
pulated Time, and is called Gheerut.
13. Whoever performs Servitude for his Subfiflence, and is called.
Bheknt.
14. Whoever, from the Defire of pofTefllng a Slave Girl, becomes *t
Slave, and is called Berbakrut.
15. Whoever, of his own Accord, fells his Liberty, and becomes a Slave.*
and is called Beekreet.
SECT.
( 158 )
SECT. II.
Of the Modes of TLnfranchifing Slaves.
'Whoever is born from the Body of a Female Slave, and whoever hath
been purchafed for a Price, and whoever hath been found by Chance any-
where, and whoever is a Slave by Defcent from his Anceftors, thefe Four
Species of Slaves, until they are freed by the voluntary Confent of their Maf-
ters, cannot have their Liberty j if their Mafler, from a Principle of Bene-
ficence, gives them their Liberty, they become free.
Whoever, having received his Victuals from a Perfon during the Time
of a Famine, hath become his Slave, upon giving to his Provider whatever he
received from him during the Time of the Famine, and alfo Two Head of
Cattle, may become free from his Servitude; according to the Ordinations of
Pachejhputtee Mifr : — Approved. Cbendeefur> upon this Head, fpeaks thus;
That he who has received Victuals during a Famine, and hath, by thofe
Means, become a Slave, on giving Two Head of Cattle to his Provider, may
become free.
Whoever, having been given up as a Pledge for Money lent, performs
Service to the Creditor, recovers his Liberty whenever the Debtor difcharges
the Debt •, if the Debtor neglects to pay the Creditor his Money, and takes
no thought of the Perfon whom he left as a Pledge, that Perfon becomes the
purchafed Slave of the Creditor.
Whoever, being unable to pay his Creditor a Debt, hath borrowed a Sum
of Money from another Perfon, and paid his former Creditor therewith, and
hath
( 159 )
hath thus become a Slave to the Second Creditor, or who, to filence the Impor-
tunities of his Creditor's Demands, hath yielded himfelf a Slave to that Cre-
ditor, fuch Kind of Slaves mail not be releafed from Servitude, until Payment
of the Debts.
Whoever, by the Lofs of the Chance in any Game, and whoever, by the
Fortune of War, is enflaved, thefe Two Perfons, upon givingTwo others equal
to themfelves in Exchange, are releafed from their Servitude.
If the Slave of One Perfon goes to another, and of his own Defire confents
to be the Slave of that Perfon, in this Cafe, he mud ftill be the Property of the
Perfon to whom he was firft a Slave: — The Mode of Releafe for every Kind
of Slave mall take place, according to the Ordination laid down for each.
A Chekteree and Bice, who, after having been Sinaffees, apoftate from that
Way of Life, and are become the Slaves of the Magillrate, can never be re-
leafed.
If a Bramin hath committed this Crime, the Magiftrate fhall not make him
a Slave, but, having branded him in the Forehead, with the Print of a Dog's
Foot, mall banifh him the Kingdom.
Whoever hath yielded himfelf a Slave for a ftipulated Time, upon the
Completion of that Term, fhall recover his Freedom.
Whoever performs a Servitude for his Subfiflence mall recover his Free-
dom, upon renouncing that Subfiftence.
Whoever, for the Sake of enjoying a Slave Girl, becomes a Slave to any
Perfon, he fhall recover his Freedom, upon renouncing the Slave Girl.
K k k Whoever
( x6o )
Whoever hath become a Slave, by felling himfelf to any Perfon, he fhaii
not be free, until the Matter of his own Accord gives him his Freedom.
If the Matter, from a Principle of Beneficence, gives him his Liberty, he
becomes free.
If a Thief, having ftolen the Child of any Perfon, fells it to another, or a
Man, by abfolute Violence, forces another to be his Slave, the Magittrate fhall
rettore fuch Perfon to his Freedom.
If the Matter of a Slave mould be in imminent Danger of his Life, and at
that Time this Slave, by his own Efforts and Prefence of Mind, is able to fave
the Life of his Matter, the Slave aforefaid fhall be freed from his Servitude,
and be held as a Son; if he choofes it, he may ftay with his former Matter; if
he choofes it, he fhall quit that Place, and go where he will at Liberty.
Whoever is without a legitimate Child, and from the Seed of his own Body
hath a Child from the Womb of a Slave Girl, that Girl, together with her Son,
becomes free.
When any Perfon, from a Principle of Beneficence, would releafe his Slave,
the Mode of it is this; The aforefaid Slave fhall fill a Pitcher with Water, and
put therein Bcrenge-arook (Rice that has been cleanfed without boiling) and
Flowers, and Doob (a Kind of fmall Salad) and, taking the Pitcher upon his
Shoulder, fhall ttand near hisMafter; and the Matter, putting thePitcher upon
the Slave's Head, fhall then break the Pitcher, fo that the Water, Rice, Flowers,
and Dooby that were in the Pitcher, may fall upon the Slave's Body; after that,
the Matter fhall Three Times pronounce the Words, " I have made you free;"
upon
( i6i )
upon this Speech, the Slave aforefaid fhall take fome Steps towards the Eaft,
whereupon he fhall be free.
Whoever hath become a Slave to any Perfon, that Mailer is Proprietor of-
any Property that Slave may acquire, exclufive of the Price of his own Sla-
very, and exclufive alfo of any Thing which may be given to him as a Prefent.
SECT. III.
Of fuch as are Slaves •, and of fuch as are not Slaves.
If the Slave of any Perfon marries a Woman, that Woman becomes the
Slave of the fame Mailer, unlefs fhe be the Slave of any other Perfon.
If that Woman be the Slave of any Perfon, and her Mailer gives Confent
to the Marriage, in that Cafe alfo, fhe becomes the Slave of her Huiband's
Mailer.
A Man of a fuperior Cail, if he is upright and fleady in the Principles of
that Cail, can never be the Slave to a Man of an inferior Cail,
Slaves are made of the Three Cafls of Chehieree, Bice, and Sooder; a Bramin
can never be a Slave.
If a Chehleree, a Bice, or a Sooder, caufe a Bramin to become a Slave, the
Magiilrate fhall exact a Fine from them of One Thoufand One Hundred
Puns of Cowries,
A Bramin cannot caufe another Bramin to become a Slave; but the Bramin,
who is learned in his Science, may caufe an unlearned Bramin to perform all
proper
( Ifo )
proper Service for him, exclufive of thofe undue Services above defcribed >,
and he who is well grounded in Science may alfo caufe fuch due Services to
be performed, by thofe who are unprincipled in Science ; according to the
Ordinations of Parreejaut and Helayoodeh: — Approved.
Lukkee Deher, upon this Head, fpeaks thus, That whoever, being a Bramin,
acts like a Chehteree, a Bice, or a Sootier, fuch Kind of Bramin muft never caufe
oiher Bram'ins to perform Duty or Service for him.
If any Perfon obliges a learned Bramin, againft his own Confent, to per-
form Labour and Service, the Magiftrate mall fine him Six Hundred Puns of
Cowries.
If a Bramin hath purchafed a Sooder, or even if he hath not purchafed him,
he may caufe him to perform Service.
The Chehteree, Bice, and Sooder, may each caufe their refpective Cafts to
perform Service-, as a Chehteree may employ another Chehteree, a Bice may em-
ploy another Bice, and a Sooder may employ another Sooder : As alfo a fuperior
Cad may employ the inferior Caft ; as a Bramin may employ a Chehteree, a
Chehteree may employ a Bice, and a Bice may employ a Sooder.
If a Man fells the Wife of a Bramin to any Perfon, or keeps her to him-
felf, it is not approved ; the Magiftrate mall releafe the Woman, cenfure the
Vender, and hold him amenable.
If a Perfon, in Time of Calamity, fells his Slave Girl to another Perfon,
without her Confent, the Magiftrate fhall fine the Vender Two Hundred Puns
of Cowries'.
A Woman,
C >6J J
A Woman, who is oi;good Character and Behaviour, and who, coming to
a Pcrfon's Houfe, fixers her Abode there, fhall not be obliged to perform any
Labour or Service, nor fhall fhe be delivered over to any Perfon j if fhe be
obliged to perform Service, or be delivered over to any other Perfon, the Ma*
giflrate fhall exatfl. a Fine from the offending Party, and releafe the Woman,
If a Man commits Fornication with the Nurfe who brought him up, the
Magiftrate fhall fine him Two Hundred and Fifty Puns of Cowries.
If a Woman, impelled by any Calamity, mould come to any Perfon, and:
remain with him, if he commits Fornication with thac Woman, the Maoiftrate.
(hall fine him Two Hundred and Fifty Puns of Cowries,.
rSmn
*
i- 11
CHAP.
( i64 )
C H A P. IX.
Of Wages.
5e£t. I. Of the Wages of Servants,
Seel. II. Of the Wages of Dancing Women or Proftitur.es,
SECT. I.
Of the Wages of Servants*
Whatever Wages were promifed to a Servant, at the Time of his being
hired, according to that Promife, Wages mall be paid.
If a Man hath hired any Perfon to conduct a Trade for him, and no Agree-
ment is made in regard to Wages, in that Cafe, the Perfon hired mall receive
One Tenth of fuch Profit.
Ira Man hath hired any Perfon to attend his Cattle, and no Agreement is
made in regard to Wages, in that Cafe, the Perfon hired (hall receive One
Tenth of the Milk produced by the Cows.
If a Man hath hired any Perfon for the Bufinefs of Agriculture (exclufive
of driving the Plough) and no Agreement is made in regard to Wages, that
PcFfon fhall receive One Tenth of the Crop produced.
Where
( l65 )
Where feveral Perfons are employed in the Execution of One Piece of*
Bufinefs, of the whole Wages paid for fuch Work, they (hall each receive a
refpective Proportion, according to die DifTerence of their Afliduity.
If a Perfon hired for the Bufinefs of Agriculture (hould abfeond, the Ma.
giftrate (hall cenfure him, and take a Fine from him.
If a Perfon, receiving his Victuals in the .Houle of his Matter, performs
the Bufinefs of plowing the Ground, and noWages are ftipulated, in that Cafe,
whatever Crop is produced from that Ground, the Perfon fo employed mail
receive One Fifth of that Crop-, if he does not receive hisVictuals at theHoufc
of his Matter while he performs the Bufinefs of ploughing, he fhall receive
One Third.
If a Perfon, who is hired to bring up any domeftick Animals or Birds,
ifliould abfeond, the Magiftrate fhall hold him amenable, and mall cenfure him.
If a Perfon, having received his Wages, doth not perform the Bufinefs for
which he was hired, and at the fame Time is not fick, the Magiftrate fhall
caufe him to give back to his Matter whatever Wages he may have received,
and ihall fine him in Double of that Sum.
If a Perfon, not having agreed for Wages at the Time of being hired, ihall
have performed the Bufinefs allotted him, upon which Bufinefs no Profit what-
ever fhould arife, in that Cafe, according to the Wages that other People in
the fame Kingdom receive for the fame Kind of Bufinefs, he alfo Ihall receive
Wages at the fame Rate from his Matter.
If
( 166 )
If a Perfon, not receiving hisWages, but making a Stipulation for the Pay-
ment and Proportion of them, is employed upon any Bufinefs, and, during the
Time of fuch Umployment, abfconds from his Bufinefs, without the Plea of
Sicknefs, or any Calamity, the Magiftrate fhall fine him in whatever Sum was
agreed upon for his Wages.
If a Perfon, being hired to perform any Bufinefs, fhould forfake that Bufi-
nefs, at a Time when but little of it remains unfinished, without the Plea of
Sicknefs, or any Calamity, he fliall not receive any Wages.
If a Perfon, hath given another a Promife, faying, " I will execute your
Bufinefs," and at the fame Time neglects to begin it, and, without the Plea
of Sicknefs, or any Calamity, afterwards mould fay, " I fhall not be able to
execute your Bufinefs," in that Cafe, the Magiftrate fliall caufe him to per-
form the Bufinefs; if, after the Order of the Magiftrate, that Perfon ftill
neglects to execute the Bufinefs, the Magiftrate fhall fine him Eight Gold
Coins, and, without giving him any Wages, fhall oblige him to perform the
Work agreed for.
If a Perfon, being allotted the Execution of any Work, fhould fall fick
after he has begun the Work, and afterwards, upon his Recovery, goes or
with the Performance of the Bufinefs, he fhall receive Wages alfo for the
Time of his Sicknefs.
If a Man, by the Fault of his Mafter, forfakes his Service, in that Cafe,
lie fhall receive proportionate Wages for whatever Number of Days he con-
tinued in the Service.
I*
( »67 )
If a Servant, by his own Fault, fpoils any Thing belonging to his Mailer,
that Servant fhall make it good-, but if that Thing bf fpoiled by any unex-
pected Calamity, or Innovation of the Magiftrate, the Servant fhall not pay
for ir.
If a Perfon, without any Fault committed by his Servant, difcharges the
Servant, the Magistrate (hall take from that Perfon One Hundred Puns of
■.powries, and caufe him to pay the Servant his Wages.
If a Servant maliciouOy hurts the Property of his Mailer, he fhall give
Twice as much to the Magiftrate for a Fine, and make good the Property of
his Matter.
If a Servant, at the Command of his Matter, commits Theft, or Murder,
or any fuch Crimes, in that Cafe, it is not the Fault of the Servant, the Mailer
only is guilty.
If a Beopary, hiring a Perfon to go to any fpecified Place, takes him along
with himfelf, and the Beopary, having fold all his Goods on the intermediate
■Road, difcharges that Perfon, in that Cafe, he fhall give himWages for what-
ever Part of the Road he hath gone; and as to the Part of the Way agreed
Aipon, which remains untravelled, he fhall give him Half of the ftipulated
Wages for that Part; and, if, as they are on their Journey to the Place fpeci-
fied, any Perfon mould hinder the Beopary from carrying his Goods, or
mould Ileal them, in that Cafe, the Perfon hired fhall receive Wages for that
Part of the Journey already accomplifhed, and for what remains unperformed,
,-he fhall receive Nothing.
M m m If
( 168 )
If a Perfon, going on a Journey, takes another with him, and this Perfon
fliould fall fick upon the Road, or is unable to travel on Account of Fatigue,
in that Cafe, the Perfon who took him mail remain Three Days upon the Spot,
in waiting for him ; if he does not thus wait for him, the Magiftrate fhall fine
him.
If a Perfon, without receiving Wages, or Subfiftence, or Cloaths, attends
Ten Milch Cows, in that Cafe, he (hall felect, for his own Ufe, the Milk of
that Cow, whichever produces the mod; and if he attends more Cows than
thole, he fhall take Milk, after the fame Rate, in lieu of Wages.
If a Perfon attends One Hundred Cows, for the Space of One Year, with-
out any Appointment of Wages, in that Cafe, by way of Wages, he fhall
take to himfelf One Heifer of Three Years old ; and alfo, of all thofe Cows
that produce Milk, whatever the Quantity may be, after every Eight Days,
he fhall take to himfelf the Milk, the entire Produce of One Day.
If a Perfon attends Two Hundred Cows, for the Space of One Year, with-
out Appointment of Wages, in that Cafe, after every Eight Days, he fhall
take to himfelf the Milk, the entire Produce of One Day j and alfo, by way
of WTages, One Cow in Milk, and her Calf.
Cattle fhall be delivered over to the Cowherd in the Morning ; the Cow-
herd fhall tend the Herd the whole Day with Grafs and Water, and in the
Evening fhall redeliver them to the Matter, in the fame Manner as they were
intruded to him ; if, by the Fault of the Cowherd, any of the Cattle are hurt
cr ftolen, that Cowherd (hall make them good.
When
( *69 )
When a Pcrfon is employed, Night and Day, in attending Cattle, if One
of them, by his Fault, fhould be hurt, he fhall make it good.
If a Thief takes away, by Violence, a Cow or a BufFaloe, in the Owner's
Sight, and the Cowherd, as foon as he knows the Circumftance, makes a
violent Outcry, but is not able to preferve them, it is not to be imputed the
Fault of the Cowherd j and, if in that Country, or in that particular Spot, any
Calamity fhould happen, during which Time the domeftick Animals come
to any Damage, it is not to be imputed the Fault of the Cowherd, the Lois
fliall fall upon the Owner.
If a Cowherd drives away any Cows, Buffaloes, and fuch Kinds of Cattle,
to feed, or on any Account carries them to another Place, he (hall guard
thofe Cattle, to the utmoft of his Power, from any Accident of Flies, Thieves,
Tigers, Pits, Rocks, or any fuch Kind of Misfortune •, if he is unable to
protect them from thefe Accidents, he fhall, with a loud Voice, give Notice
to the People there, or to the Owner of the Cattle ; if he does this, no Fault
Jies upon the Cowherd •, but if he neglects to act in this Manner, he fhall make
good the Cattle, and the Magiftrate fliall fine him Thirteen Puns of Cowries,
If a Cowherd fhould go to his own Ploufe, or to any other Place, and
leave any fick Cattle upon the Plains, the Magiftrate fliall cenfure him.
If a Cow, or BufFaloe, or any fuch Kind of Cattle, fhould die of any Sick-
nefs, while the Cowherd, knowing the Remedy proper for fuch Sicknefs,
neglected to adminifter it, the Magiftrate fhall cenfure him, and caufe him to
give fuch an Animal to the Owner of the Herd; he fhall alfo fine him
Thirteen Puns of Cowries, and caufe the proportionate Part of his Wages to
be paid him,
Whew.
( ifQ )
When a Cowherd hath led the Cattle to a diftant Place to feed, if it
happens, that One, or Two, or more of thofe mould die of fome Diftemper,
notwithftanding the Cowherd applied the proper Remedy, in that Cafe, the
Cowherd mall carry the Head, or Tail, or Fore or Hind Foot, or fome fuch
convincing Proof taken from that Animal's Body, to the Owner of the Cattle^
having done this, he (hall be no farther anfwerable; if he neglects to act thus,
he fhall make good the Lofs.
S E C T. II,
Of the Wages of Dancing Women or Projlitutes.
If a Proftitute, after having received Hire from any Perfon, neglects to
go to him, whatever Money flie received, fhe fhall return back Twice as
much-, but if the Perfon who hired her does not require her Attendance, in
confequence, the Money he hath given her fhall not be returned.
If a Proftitute or Dancing Woman, having, at her own Requeft, received
Hire from any Perfon, mould be fick, fatigued with any Bufinefs, or melan-
choly on Account of any Calamity, or in waiting upon the Bufinefs of the
Magiftrate, at fuch Times, if the Perfon aforefaid requires her Attendance,
and the Proftitute is unable to go, it is not her Fault; but, after her Recovery,
or after the Termination of the Calamity, or after Difmiflion from the
above-mentioned Bufinefs, fhe fhall attend him-, if fhe then neglects to go,
fhe fhall give back Double of the Hire fhe received.
If a Perfon, having fettled the Sum to be given, hath hired a Prcftitute,
and attempts to commit any unnatural Act with her, he fhall give her Eight
Times
( 171 )
Times the Sum ftipulated, and pay a Fine alfo of Eight Times as much to the
Magiftrate.
If any Perfon verbally agrees with a Proftitute, and fays, " I will employ
you," and gives her Hire upon his own Account, but afterwards, inftead of
employing her himfelf, caufes feveral other Men to enjoy her, in that Cafe, he
fhall pay her Eight Times as much as the Sum Itipulaied, and pay a Fins alfo
of Eight Times as much to the Magiftrate.
If a Man hath mentioned One particular Perfon's Name to a Proftitute,
and, having given her a ftipulated Flire in that Perfon's Name, carries her to
another Man, the Magiftrate fhall fine that Man One MaJJjch cf Gold (T*T of
AJkrufie.)
If a Man, having agreed with a Proftitute for her Hire, goes to her accord-
ingly, and afterwards does not pay her the ftipulated Sum, then whatever
Hire he had agreed to give, he (hall pay Double of that Sum to the Woman,
and a Fine alfo of Double of the fame Sum to the Magiftrate.
If a Perfon, having agreed for the Hire of a Proftitute to himfelf, takes a
Number of Men with him to thatProftitute, and there enjoys her, in that Cafe,
whateverHire he had agreed to pay, he fhall give her Double of fuch Hire for
every Perfon whom he carried with him; and in like Manner fhall pay Double
of fuch Hire for every fmgle Perfon to the Magiftrate as a Fine.
If a Bherooah (/. e.) a Pimp or attendant Mufician upon Proftitutes, and a
Proftitute have any Difpute, the Miftrefs of the Girl fhall fettle the Difpute.
Nnn CHAP.
( *72 )
CHAP. X.
Of Rent and Hire.
If a Perfon, paying Rent and Hire, builds a new Houfe upon the Lands of
any Stranger, and lives there, in that Cafe, whenever he quits that Place, and
pays np his Rent without a Balance, he may do what he pleafes with the Houfe.
If a Perfon, without paying Rent, builds a new Houfe upon the Lands of
a Stranger, and lives there, in that Cafe, at the Time he quits that Place, he
may not difpofe of the Houfe at his own Pleafure j the Owner of the Land Ihall
alio become Owner of the Houfe.
If a Perfon hath hired any Thing for a ftipulated Time, he fhall pay the
Rent accordingly.
If a Perfon hath hired any Thing from another, he fhall continue to pay
the Hire for it, until he returns it to the Owner.
If a Perfon hath hired any Thing from another, and does not apply to any
Ufe the Things hired, he muft pay the Rate of Hire for it, and be held to re-
turn it to the Owner.
If a Perfon, having agreed for the Rent of the Water of a Pool, or of the
Water of a Well, or of the Water of a River, or of a Houfe, does not pay
it, the Magiftrate fhall caufe fuch Rent and Hire to be paid.
If
( »73. )
If a Perfon hathliired any Thing from another, and the Thing fo hired,
without any unexpected Calamity, or Innovation of the Magiftrate, be fpoiled
by the Fault of that Perfon, he fhall make it good; if it be damaged by any
natural Accident, or by the Innovation of the Magiftrate, he fhall not make it
good.
CHAP.
( *74 )
C H A P. XL
Of Purchafe and Sale,
Sec"b. I. Of the Vender's not delivering up to the Purchafer the Commodity
fold, and of the Magi ft rate's caufing him to deliver it.
Sett. II. Of Returning or not Returning Articles purchafed.
SECT. I.
Of the Vender s not delivering up to the Purchafer the Com-
modity fold, and of the Magiftrate s caufing him to deliver it.
If a Perfon hath fold to any One, Glebe Land, or Houfes, or any fuch
Property, and, having received the due Value for it, forcibly detains the Pre-
mises fold, and himfelf expends the Profit arifing upon them, upon the Pur-
chafer's laying a Complaint of this Nature before the Magiftrate, that Magif-
trate mail caufe the purchafed Premifes, and alfo the Profit accruing upon
them, to be delivered over to the Purchafer-, and if, at the Time of
entering upon the Premifes, the Price has fallen, with refpecl: to the Time
when the Purchafe was made, he (hall caufe fuch Overplus of Price alfo to
be given back to the Purchafer, by the Vender ; but, if the Price hath rifen,
the Vender fhall not receive fuch Difference of Price, and the Magiftrate lhall
?.lfo fine the Vender One Hundred Puns of Cowries.
If
( m )
If a Perfon fells any Thing, except Glebe Land, to any One, and, having
received the due Value, forcibly detains the purchafed Commodity, and himfclf
expends theProfits arifing upon it, upon the Purchafer's carrying aComplaint
of thisNature before the Magiftrate, that Magiftrate mail caufe the Commodity-
bought to be delivered over to the Purchaferj and alfo whatever Profit there-
upon accruing, which the Seller has applied to his own Ule ; and if, at the
Time of delivering up thePurchafe, the Price of fuch Commodity has fallen,
with refpect to the Time when the Purchafe was originally made, the Vender
{hall alio make good fuch Difference of Price, and lhall pay to the Magiftrate
a Fine of One Hundred Puns of Cowries.
If a Perfon, having fold any Thing to a Merchant who is gone into'anothcr
Country to trade, hath received the due Value for it, and then forcibly derains
the purchafed Commodity, in that Cafe, upon the Merchant's preferring-a
Complaint of this Nature to the Magiftrate, that Magiftrate mall caufe the
purchafed Commodity to be delivered to the Buyer, and alfo whatever the pre-
fent Profit falls fhort of that Profit which the Merchant would have gained
by felling it in another Kingdom, at the Time of his making the Purchafe,
the Magiftrate lhall caufe that Difference alfo to be made good to the Pur-
chafer, and fhall likewife take to himfelf, as a Fine, One Hundred Puns of
Cowries: This Ordination is according to Beeba-dur Tunmgurkar: —Approved.
If a Perfon hath purchafed any Thing with Agreement to take away the
Goods the fame Day, and hath fettled a Day of Payment, and the Vender alio
confents to this, yet does not deliver up the Goods on the Purchafer's De-
mand, upon the Purchafer's preferring a Complaint of this Nature to the Ma-
giftrate, that Magiftrate fhall caufe fuch Goods to be delivered to the Pur-
chafer, and fhall alfo make the Vender give up whatever Advantage he mav
have enjoyed, arifing from the Goods fo detained, and (hall fine him moreover
O o o One
( «o* )
One Hundred Puns of Cowries •, but the Purchafer fhall be held to pay accord-
ing to the Stipulation ; neverthelefs, if, with refpect to the Time of the Pur-
.clufe, the Price is fince fallen, the Vender {hall make it good.
■ .
If a Perfon, having purchafed any undamaged Commodity, afterwards re-
turns it back to the Vender, at whatever Price the Purchafe was made, the
Vender fhall detain One Tenth of fuch Price, and return the other Nine Parts
to the Purchafer, receiving back at the fame Time the purchafed Goods.
If any Perfon hath fold any Commodity to another, and does not deliver
up fuch Commodity to the Purchafer upon his Demand, after which the Com-
modity receives any Damage, the Vender fhall make it good.
If a Perfon hath fold any Commodity to another, and the Purchafer doth
not make demand for the Goods purchafed, which Goods are afterwards da-
maged by the Vender's Fault, the Vender fhall make good the Lofs; but if
the Damage arifes from any Calamity of the Seafon, or from any Innovation
of the Magiftrate, the Vender fhall not make good the Lof3.
If aPerlbn, producing to another a Commodity withoutBlemifh, and, having
ftipulated for a Price according to the Value of fuch Commodity, afterwards
gives to the Purchafer damaged Goods, in that Cafe, the Magiftrate fhall caufe
the Vender to give Double of fuch Price to the Purchafer, and himfelf alfo
ihall take from the Vender Double of fuch Price as a Fine.
If a Perfon, confeious of a Blemifh in his Goods, conceals that Blemifh when
he fells thofe Goods, in that Cafe, the Magiftrate mail caufe the Vender to
give Double of the Price of the Goods to the Purchafer, and himfelf alfo fhall
take from him the fame Sum as a Fine.
it
( m )
■ ■ •
i If Idiots, or Perfons rendered fenfelefs by Intoxication, or Men who can-
not diftinguifli between their own Good and Evil, fell any Thing, it is not
approved •, if they will take fuch Commodity back again, they are autho-
rized.
la each particular Seafon, every Commodity has its particular Price •, if
a Perfon, under the Influence of Fear, fells any Commodity remarkably under
Value, with refpect to the Seafon, it is not approved j and, if he will take it
back again, he is authorized
r»ii i \ ■ u
If a Man, having fold a Commodity to one Perfon, afterwards fells the
fame Commodity to another, the Magillrate mall caufe him to give Double-
of fuch Commodity to the Firft Purchafer, and himfelf alio fhall take the
fame Sum as a Fine.
If a Perfon hath fold any Thing to another, with Agreement to deliver
up the Purchafe on a ftipulated Day, and, upon his tendering the Goods on
that Day accordingly, the Purchafer refufes to receive them, the Vender, in>
that Cafe, may difpofe of them elfewhere : In this Cafe, the Vender is not
in fault ; and, if, on the Second Sale, any Lofs mould accrue to the Vender,,
the Firft. Purchafer (hall make it good.
If a Perfon, without Agreement of Price, hath delivered to another any
Goods, under the Name of Selling, faying, «« I will receive the Value of them,"*
and afterwards a Difpute mould arife concerning the Price, then, whatever
was the current Price of fuch Commodity, at the Time of the Purchafe,.
according to the Price at that Period, the Arbitrators appointed by the Buyer
and Vender fhall terminate the Difpute.
SECT,
( ^78 )
SECT. II.
Of Returning^ or not Returning Articles pur chafed.
If a Perfon hath bought the Seeds of Paddee, of Wheat, Barley, Maujb,
Doll, Gram, Muftard-Seed, or fuch Kinds of Grain, without Infpection, and
in Ten Days difcovers any Defect in that Grain, he may return fuch Grain,
within that Space of Ten Days i if Ten Days are paft, he mall never after-
wards return it ; if he infpected the Grain at the Time of Purchafe, he then
fhall not have Power to return it, even within the Space of Ten Days.
If a Perfon buys Iron, without Infpection, and afterwards difcovers a
Defect in that Iron, he may return it back within the Space of One Day ; if
he infpected it at the Time of Purchafe, he fhall never afterwards return it -t
and alfo, if One Day is paft, he fhall not afterwards return it, though not
infpected at the Time of Purchafe.
If a Perfon hath bought of any One, Pearls, Coral, or Diamonds, or any
other Species of Precious Stones, without Infpection, and in Seven Days dif-
covers any Defect in them, he may return them within that Space of Seven
Days •, if Seven Days are paft, he fhall never afterwards return them j if he
infpected them at the Time of Purchafe, he fhall not have Power to return
them, even within the Space of Seven Days.
If a Perfon hath purchafed a Slave Girl of any One, and within a Month
difcovers any Defect in that Girl, he may return her within that Space of
One Month j if One Month be paft, fhe never afterwards fhall be given
back •, and, if the Purchafe was made upon Infpection, fhe fhall not be re-
turned, even within the Space of One Month.
If
( >79 )
If a Perfon purchafes of any One, Camels, Bullocks, Afifes, or fucji Kinds
of Beads of Burthen, and in Five Days any Defect fliould be found in them,
they may be returned within that Space of Five Days ; if Fivt Days are paft,
they mult never be returned ; if they were infpected at the Time of Purchafe,
the Purchafer fhall not have Power to return them, even within Five Days.
If a Perfon, without Infpection, purchafes of any One, Cows, or Cow Buf-
faloes in Milk, and any Defect is found on them in Three Days, they may be
returned within that Space of Three Days ; if Three Days are paft, they mult
never afterwards be returned; if the Purchafe was made upon Infpection, the
Purchafer fhall not have Power to return them, even within Three Days.
If a Perfon hath bought a Slave of any One, and in Fifteen Days any Defect
be found in him, he may be returned within that Space of Fifteen Days •, if
Fifteen Days are paft, he can never afterwards be returned; if he was infpect-
ed at the Time of Purchafe, he may not be returned, even within Fifteen
Days.
If a Perfon hath boughtGrafs, or Fuel-Wood, or Bricks, orPaddee, orWheat,
or Barley, or any other Grain, or Wine, or Honey, or Ghee, or Sugar, or Candy,
of the Species of Sweet, or Round Pepper, or Long Pepper, of the Species of
Bitter, or Hurreh, or Beheerreh, and other Things, of the Species of Affiis, or
Aftringent, or Shaddock, or Tamarinds, and otherThings, of the Species of Acid,
or Salt, or Cloth, or Gold, or Copper, or Tin, or Tutenague, or White Cop-
per, or Brafs, and any Defect fhould be found in them the fame Day, they
may be returned within the Space of that Day; if that Day be paft, they can
never afterwards be returned; if the Purchafe was made on Infpection, they
mull not be returned, even within the fame Day.
Ppp If
( i8o )
If a Man purchafes old Cloaths, he muft never return them.
If a Perfon,who is always employed in buying and felling various Sorts of
Commodities, and is well fkilled in that Bufinefs, fhould purchafe any Thing,
he mall not at any Time have Power to return it upon a Difcovery of a Defect.
CHAP.
( iSr )
CHAP. xi r.
Of Boundaries and Limits.
To afcertain Boundaries, upon the Confines of thofe Boundaries mull be
planted the Male and Female Banyan Tree, or the Plafs Tree, or the Seemid
(Cotton Tree) or the Saul, or the Toddy Tree, or the Zitkkoom Tree, or the
Lutta Tree, or the Bamboo, or a Mound of Earth muft be made, or any large
Tree, that produces not a great Number of Branches, muft be planted -, or
by a Pool, a Well, a Bafon, a Ditch, or any fuch Signs above-mentioned, fhtll
the Boundaries be openly defcribed; or a Temple fhall be built there to Sbagbur
(i. e.) their Deity.
Dust, or Bones, or Seboos (i.e.) Bran, or Cinders, or Scraps of Earthen Ware, .
or the Hairs of a Cow's Tail, or the Seed of the Cotton Plant, all thefe Things
above-mentioned, being put into an Earthen Pot, filled to the Brim, a Man
muft privately bury upon the Confines of his own Boundary, and there
preferve Stones alfo, or Bricks, or Sea Sand, either of thefe Three Things
may be buried, by way of Land-Mark of the Limits; for ail thefe Thing?,
upon remaining a long Time in the Ground, are not liable to rot, or become
putrid-, any other Thing alfo, which will remain a long Time in the Ground,
without becoming rotten, or putrid, maybe buried for the fame Pnrpofe :
Thofe Perfons, who, by any of thefe Methods, can fhew the Line of their
Boundaries, fhall acquaint their Sons with the reflective Land-Marks of
thofe Boundaries •, and in the fane Manner thofe Sons alfo fhall explain the
Signs of the Limits to their Children : If all Perfons would act in this Man-
ner, there could be noDifpute concerning Limits and Boundaries.
( 18a )
If a Suit, for the Limits of Ground, mould arifc, the Magiftrate, having
inlpected the open and private Land-Marks abeve defcribed, fliall fettle the
Suit ; if any Doubt or Perplexity fhould intervene, the Plaintiff and De-
fendant (hall produce to the Magiftrate their refpective Accounts of PoiTcf-
fion, under Proof, and the Suit of Boundaries fliall be fettled : If alfo there
is no Land-Mark, and they cannot prove their refpeftive Pofleflions, then
the Plaintiff fliall find out fome old Men, well acquainted with the Boundaries,
or the Perfon who firft marked out the Spot, and fettle the Difpute by their
Means •, but the Difpute of Limits fliall not be fettled by the Teltimony of
only One experienced Perfon, it fliall not be determined by lefs than the
Teftimony of Four Perfons.
If both the Plaintiff and the Defendant approve of fome old and expe-
rienced Men for giving Teflimony, in regard to the Settlement of a Difpute
for Boundaries, then the Magiftrate, or Arbitrator, fliall queftion fuch Perfon
as the Plaintiff and the Defendant have approved j and he, putting on a Red
Necklace, and Red Cloaths, fliall relate the true Circumftances of the Bound-
aries •, if, after the Teftimony of thefe Perfons, the Suit is (till undetermined,
then the Magiftrate fliall felect, and put the fame Queftions, to Four or Ten
Perfons of thofe who break up Faggot- Wood conflantly in thofe Parts,
or who are Hunters, or who, after the Grain is reaped, glean what is on the
Ground ; and thefe fliall lay their Heads upon the Ground, making the due
Reverences, and putting on Red Necklaces, and Red Cloaths, fliall relate
what they know of the Affair, faying, " If we give falfe Witnefs, may our
good Actions all be reverfed." In a Difpute concerning Boundaries, a fingle
Perfon fliall not give Teftimony j but if the Plaintiff and Defendant join in
approving a fingle Perfon, the Magiftrate fliall queftion him-, and that Perfon,
tufting for One whole Day, and putting on a Red Necklace, and Red Cloaths,
with
( i83 )
with the due Reverences of laying his Head to the Ground, fhall give his
Teftimony.
The Magiftrate fliall not fettle a Difpute concerning Boundaries by the
Teftimony of a Perfon of bad Principles-, if the Suit cannot be it tied bj
Means above-mentioned, then the Magiftrate (hall go in Perfon to the Boun-
daries in Difpute, and inquire the Truth of the Affair from the Men in the
Village, who were born in that Village, and who are well acquainted with the
Boundaries ; and thofe alfo who are gone to any other Part of the Country he
mall fummons, and, having upon Inquiries learnt the Truth from them, he
fliall fettle the Difpute.
If the Magiftrate, from Anger orAvarice, or any other bad Principle, gives
the Land owned by one Perfon to another, it is not approved.
In a Place where there is any Difpute concerning the Boundaries of Vil-
lages, the Difpute concerning fuch Boundaries fliall be fettled by applying to
the. Men of Credit and Experience there-, if there is a Difpute concerning
Tillage, the Difpute fliall be fettled by applying to the Farmers in the Neigh-
bourhood; and if there is a Difpute for the Ground on which a Houfe (lands,
the Difpute fhall be fettled by applying to the Perfons dwelling in the Neigh-
bourhood of that Houfe; if there are none of thefe, nor any Witnefs, nor any
Land-Mark of the Boundary, nor anyAccount of the Ufufrucl, in that Cafe,
the Magiftrate fliall mark out the Boundaries, according to his own Pleafure,
and thePlaintiffand the Defendant fliall both approve of the Decifion; which-
ever of them fhall not approve, the Magiftrate fliall fine him.
In a Place where Two Villages lie on the Two Ba^.ks of a River, if, from
that River, a Nullah fliould fpring out, which, after making an Elbow into the
Land, returns again to the River, and fome Glebe Land fhould remain fixed
( i«4 )
in its original Situation, between that Elbow of the Nullah and the main
River, in inch a Cafe, the Glebe Land mall ftill belong to the Village that
originally poflciled ir.
In a Place where there is a River, the Two Banks of which are Boundaries
to the Eftates of Two Perfons, if that River mould break off fome Part of the
Bank on one Side, and carry it over to the other, then the Owner of that
Boundary, upon which the other broken Bank hath fallen, ihall become
Proprietor of that Bank fo broken, and the Perfon whofe Bank is fo divided
Ihall no longer have any Property therein : If the River breaks off the whole
of a Perfon's Land, and carries it over to the Boundaries of another Perfon, in
that Cafe, the Perfon whofe whole Ground is thus torn away mail ftill be the
Owner thereof, and the Perfon upon whofe Boundary fuch Land hath fallen
mall not be entitled to Poffeffion thereof.
If a Perfon, not being real Owner of any Land, fhould, by any fraudulent
Means, get Poffeflion of fome Land, the Magiftrate mail take from him that
Land, or give it to fome other Perfon (he is authorized fo to do) and that
Perfon mail not have Power to caufe any Let or Moleftation.
If a Perfon hath built a new Houfe upon the wafte Ground, and hath oc-
cupied ir, then, if a powerful Man fhould erect a Manfion upon the fame
Place, and mould join to his own Buildings the Spot of Ground occupied by
the other, it is not approved.
Whatever Pool, or Well, a Perfon hath occupied, from the Commence-
ment of building his Houfe, another Perfon cannot afterwards prohibit him
from ufmg.
:f
( i '85 )
If a Man hath had a Window in his own Premifes, another Perfon, having
built a Houfe very near to this, and living there with hisFamily, hath no Power
to (hut up that Man's Window •, and, if this Second Perfon would make a
Window in his own Houfe, on the Side of it that is towards the other Man's
Houfe, and that Man, at the Time of his conftructing fuch Window, forbids
and impedes him, he fhall not have Power to make a Window ; if, after the
Window is finilhed, the other Perfon mould caufe him any Trouble, the Ma-
giftrate (hall take a Fine from that Perfon, without caufing the Window
aforefaid to be (hut up.
If the Drain of a Man's Houfe hath, for a long Series of Time, palled
through the Buildings belonging to another Perfon, that Perfon fhall not give
any Impediment thereto ; but if that Perfon caufed any Impediment at the
flrft Commencement of fuch Drain, then the other (hall not have Power to
carry his Drain that Way j if that Perfon, at the Commencement of the
Drain, gave no Interruption, yet afterwards caufts the ether any Trouble,
he (hall be amenable to the Sircar of the Magiftrate.
If a Man hath made a lofty Building for a Seac, and goes up thither to
fit, then, if, at the Time of the Commencement of the aforefaid Buildino-
none of his Neighbours gave him any Impediment, they (hall not afterwards
have Power to moleft him ; if afterwards they impede and caufe him any
Trouble, they fhall be amenable to the Magiftrate.
Any Houfe, which hath a Door in each of the Four Sides, if, at the firft
building of the Houfe, no Perfon gave any Impediment to the Conftruction
of fuch Doors, and yet (hould afterwards attempt to impede, he (hall not
have Power to do it •, if he (hould then give the Owner of the Houfe any-
Trouble or Moleftation, he (hall be amenable to the Magiftrate.
( i86 ) .
If, from the Thatch Roof of any Houfe, the Water falls off into a Place
adjoining to that Houfe, but the Property of another Man, then, if the Perfon,
upon whole Ground fuch Water falls, gave no Impediment at the Beginning,
he fhall not afterwards have Power to impede •, if, after the Completion of
the Houfe, he gives the other any Trouble or Moleftation, he fhall be amena-
ble to the Magiflrate ; and, if a Perfon makes a Sejjab (or Fenced Terras)
upon the Top of his Houfe, another fhall not impede him.
If there is an old PafTage for Men and Cattle through the Grounds of
any Perfon, that Perfon has not Power to flop up fuch Road.
A Person may not make a Neceffary-Houfe adjoining to the Houfe of
any Perfon j nor fhall he fling out Rubbifh and Filth there, nor dig a Ditch.
A Person fhall not plant the Tree Kooloo, or Cocoa Nut, from whence
bitter Oil is extracted, adjoining to another Man's Houfe ; if he plants them
there, he muft leave the Breadth of Two Cubits between the Trees and the
Houfe.
A Door through which all People pafs, and a Road upon which all People
travel, no One fhall fhut, upon Pretence that it is within his own Boundaries ;
nor fhall he make that Path a Place to pifs, or a Recepticle for Filth, or for
Sand to fcower the VelTels wherein the Filth is carried ; nor fhall he make
fuch a Recepticle near to a Houfe ; nor, when he has fwept his Houfe, fhall he
throw the Rubbifh and Afhes into the Path; nor fhall he eafehimfelf there;
neither fhall he plant Trees there.
If a Perfon fhuts up the Path where the Magiftrate, or the Magiftrate's
Officers, pafs and repafs, he fhall be amenable.
If
( »87 )
If a Perfon, in the Time of no general Calamity, throws Rubbifh and
Afhes upon the High Road, or makes a Hole there, or eafes himfelf thereon,
a fingle Time, or plants Trees there, the Magiftrate fhall take a Fine from
him of One Majbeb of Gold, and caufe him to throw away the Filth with his
own Hands.
If a Perfon, during the Time of a general Calamity, is guilty of the Prac-
tices above-mentioned, in the High Road, he fhall not pay a Fine, nor be
obliged to throw away the Filth with his own Hands.
If a Perfon, in the Time of no general Calamity, conftantly throws Rub-
bifh, Filth, and other Things above fpecified into the High Road, the Ma-
giftrate fhall fine him Two Cahawuns of Cowries, and oblige him to throw the
Filth into fome other Place with his own Hands.
If, in Times either of Calamity, or of no Calamity, a feeble old Man, or a
Child, or a Woman big with Child, fhouid throw any of the Things above-
mentioned into the High Road, they fhall neither pay a Fine, nor be obliged
to throw away the Filth with their own Hands ; but the Magiftrate fhall cau-
tion them to be more careful for the future.
If a Perfon throws any Filth into a Garden, or near the Steps of a
Pool, the Magiftrate fhall fine him One Hundred Puns of Cowries, and oblige
him to throw away the Filth with his own Hands.
If a Perfon throws away Filth into the Places of Zeearut (or religious
Walks) or near the Steps of a Pool, a Well, or Bafon of Water, fo that People
are prevented from going thither, and cannot ufe the Water of fuch Pool,
R r r Well
'( 1 88 )
Well or Bafon, the Magiftrate fliall fine the Offender Two Hundred and Fifty
Puns of 'Cowries, and oblige him to throw away the Filth with his own Hands.
If between the Boundaries of Two Perfons any Tree mould grow, the
Flowers and Fruit of fuch Trees (hall be indifcriminately u fed by both Parties*
If Trees be on the Boundaries of one Perfon, and the Branches of thofeTrees
extend over the Boundaries of another, then the Perfon, into whofe Premifes
fuch Branches extend, is Proprietor of thofe Branches, and may do with them
as he pleafes.
If a Perfon, by caufing violent Apprehenfion in another Perfon, occupies
that Perfon's Houfe, or Pool, or Garden, or Tillage, the Magiftrate fhall caufe
the PofTeflion thereof to revert to the Owner, and fhall fine the other Perfon
One Hundred Puns of Cowries.
If a Perfon, having by Miftake affirmed, that the Houfe,Pool, Well. Garden,
or Glebe, or any fuch Things, the Property of another, belonged to himfelf;
hath applied them accordingly to his own Ufe, the Magiftrate fhall fine him
Two Hundred Puns of Cowries, and eaufe the PofTeflion thereof to revert to the
real Proprietor.
If a Perfon mould dig up by the Roots a Tree planted for a Land-Mark,
as btfore fpecified, it is a Crime, and the Magiftrate fhall fine him Two Plun-
dred Puns of Cowries.
If a Perfon, by removing a Land-Mark, fraudulently appropriates to him*
felf an additional Piece of Land, the Magiftrate fhall take from him a Fine of
Five Hundred and Forty Puns 'of Cowries, and fliall give back the Ground to
the Owner.
If
( i89 )
If a Perfon entirely breaks th? dividing Ridge between the Tillage of any
Two Perfons, the Magiftrate fhall fine him One Hundred and Eight Puns of
Cowries.
If a Perfon hath deftroyed much of the Tillage of another Man, and ap-
propriated a larger Piece of Ground than what belongs to him, the Magiftrate
mall fine him One Thoufand and Eight Puns of Cowries, and fhall caufe him.
to give back the Land to the Owner.
If a Perfon, to ferve his own Tillage, fteals the Water from another Man's
Pool, and waters his Ground therewith, the Magiftrate fhall fine him One
Hundred and Eight Puns of Cowries.
CHAP,
( *9° )
CHAP. XIII.
Of Shares in the Cultivation of Lands,
Fallow or Wafte Land is of Three Sorts, viz.
i. Land Wafte for Two Years, or One Year, which is called Arde Kbeel,
Half Wafte.
2. Land Wafte for Three Years, or Four Years, which is called Kheel, or
Wafte.
3, Land Wafte for Five Years, or whatever longer Time it may happen,
fuch Land is called Jungle.
If a Perfon makes over to another, for the Purpofe of Cultivation, Land
that has been wafte for One or Two Years, and that Perfon, having, by careful
Management, improved the Ground, mould raife a Crop from thence, in that
Cafe, of the whole Crop fo railed, One Sixth fhall go to the Owner of the
Ground, and the remaining Five Sixths fhall belong to the Cultivator ; if this
Perfon above-mentioned, having agreed to take Land of the other, for the
Purpofe of Cultivation, mould afterwards neglecT: either to cultivate it him-
felf, or to caufe it to be cultivated by others, in that Cafe, whatever Crops
other Lands in the fame Place, fimilar to the Lands fpecified, fhall produce
upon a Medium, the Cultivator fhall give to the Owner of the Ground the
Proportion of One Sixth of fuch Medium Crop, and the Magiftrate alfo fhall
take from the Cultivator a Fine of the fame Value.
If
( I** )
Tp a Man makes over to another, for the Purpofe of Cultivation, Land that
has been wade for Three Years, or for Four Years, and that Perfon by Im-
provement of the Soil raifes a Crop there, in that Cafe, of the whole of the
Crop fo railed, One Eighth fhall go to the Owner of the Ground, and the re-
maining Seven Eighths fhall belong to the Cultivator; if this Perfon above-
mentioned, having agreed to take Land of the other, for the Purpofe of Culti-
vation, fhould afterwards neglect either to cultivate it himfelf, or to caufe it
to be cultivated by others, in that Cafe, whatever Crops other Lands in the
fame Place, fimilar to the Lands fpecified, fhall produce upon a Medium, the
Cultivator fhall give to the Owner of the Ground the Proportion of One Eighth
of fuch Medium Crop; and the Magiftrate alio fhall take from the Cultivator
a Fine of the fame Value.
If a Man makes over to another, for the Purpofe of Cultivation, Land that
has been wafte for Five Years, or for any longer Period whatever, and that
Perfon, by Cultivation, raifes a Crop there, in that Cafe, of the whole of the
Crop fo railed, One Tenth fhall go to the Owner of the Ground, and the re-
maining Nine Tenths fhall belong to the Cultivator; if this Perfon above-
mentioned, having agreed to take Land of the other, for the Purpofe of Cul-
tivation, fhould afterwards neglect either to cultivate it himftlf, or to caufe it
to be cultivated by others, in that Cafe, he fnall pay the proportionate Value
and Fine, in the Manner above fpecified.
If a Perfon, by any Reafon rendered incapable, neglects to till his own
Ground, and another Perfon, without his exprefs Permiffion, mould cultivate
fuch Land, after it has been wafte One Year, or TwoYears, or Three Years,
or Four Years, and raife a Crop from thence, and the Owner of die Ground,
being acquainted with the Cultivation, at the Time thereof, did not forbid it,
in that Cafe, if the Owner of the Ground, within the Space of Seven Years,
Sff hath*
( 192 )
'hath not furnifhed the proportionate Expence of cultivating the Land, he may
not reclaim his Land-, but the Cultivator mail be held to give to the Owner
of the Land a Proportion of the Crop, after the Manner above fpecified-, if
he gives not fuch Proportion, the Owner of the Land may reclaim his Pro-
perty, even within Seven Years-, alfo, upon having furnifhed no Part of the
Expence of Cultivation, afterSevenYears, theOwnec of the Land may take back
his Ground: In the fame Manner, if Land be cultivated, after lyi.ng wafte for
pive or more Years, and the Owner of the Land, within the Space .of Eight
Years, hath not furnifhed the proportionate Expence of Cultivation, he may
not reclaim his Land, he fhall recover it after the Ninth Year-, if Land that
is not wafte be cultivated, in that Cafe, the Owner may take back his Land,
at his own Pleafure.
Ltpon the Death of any Perfon, if any other mould cultivate the Land of
the Deceafed that has been wafte far One, Two, Time, or Four Years, and
jailed a Crop from thence, in that Cafe, if the Heirs of the Deceafed, within
the Space of Seven Years, have not furnifhed the Expence of cultivating that
wafte Land, they may not take the Ground from that Perfon -, but the Culti-
vator fhall give to the Heirs of the above-mentioned Deceafed a Proportion,
in the Manner already fpecified; if he hath not given fuch Proportion, the
Owner of the Land may recover his Land, within the Space of Seven Years ;
.alfo, after the EighthYear, if the Heir above-mentioned hath not furnifhed the
Expence, he may take his Land: In the fame Manner, if Land be cultivated,
after lying wafte for Five or more Years, and the Heir aforefaid hath not to
the EighthYear furnifhed the Expence of cultivating theWafte Land, he fhall
not have Power to take his Land from that Perfon, he may reclaim it after
.the Ninth Year, at his own Pleafure.
When a Perfon is abfent upon Travel, if another mould cultivate his Land,
after it has lain wafte One, or Two, or Three, or FourYears, and mould raifea
Crop
f 193 )
Crop from thence, in that Cafe, if neither the Perfon arorefaid, nor his Heirs,
within the Space of Seven Years, have furnifhed the Expence, upon cultiva-
ting fuch wafte Ground, that Ground may not be taken from the other Per-
fon ; but the Cultivator fhall pay to the Perfon aforefaid, or to his Heir, a
Proportion, after the Manner above fpecificd; if he does not give fuch Pro-
portion, in that Cafe, the Owner of the Land, or his Heir, within the Space
of Seven Years, may take the Land; alio, after the Eighth Year, if the
Perlon aforefaid,or his Heir, have not furnifhed the Expence, upon cultivating
the Wafte Land, they may recover the Land: In the fame Manner, if Land be
cultivated, after lying wafte for Five or more Years, in that Cafe, if that Per-
fon aforefaid, or his Heir, within the Space of Eight Years, hath not fur-
nifhed the Expence, upon cultivating fuch Wafte Land, they may not reclaim
the aforefaid Land, they fhall recover it after the Ninth Year.
If a Perfon gives to another, for Cultivation, Land that is not wafte,
who, by Cultivation, raifes a Crop from thence, in that Cafe, of the whole
of that Crop, One Sixth fhall go to the Owner of the Ground, and he fhall
give the remaining Five Sixths to the Cultivator •, if this Perfon above-
mentioned, having agreed to cultivate the Land of fuch other Perfon, fhouid
afterwards neglect either to cultivate it himfeif, or to caufe it to be cultivated
by others, in that Cafe, the Cultivator fhall pay the proportionate Value and
Fine, in the Manner above fpecijied, in the Section of the Cultivation of Wafte
Land.
If a Man gives to any Perfon, for cultivating, Land wafte or not wafte,
he may not take it back from that Perfon, without fome Fault found in him.
If a Man is defirous to cultivate the Land of any other Perfon, who dues
not give his Confent for the Cultivation of the fame, and, without an/ Dif-
courfe having pafled between them, that Man fhouid cultivate the Land, and
raiic
( 194 )
raife a Crop from thence, the whole of fuch Crop mall go to the Owner of
the Ground, and the Cultivator mall receive Nothing.
If a Man fows Seed upon his own Ground, and by any Chance whatever
fomeofthat Seed mould fall upon another Perfon's Ground, and a Crop
mould arile from thence, that Crop mail go to the Owner of the Ground,,
and not to the Owner of the Seed.
If a Man hath fowed Seed upon his own Land, and any other Perfon
mould fpoil that Seed, in that Cafe, the Magistrate mail chaftiie that Perfon,.
and take a Fine from him, and caufe him to make good to the other the Seedi
fo fpoiled.
CHAP.
( '95 )
CHAP. XIV.
Of Cities and Towns \ and of the Fines for damaging a Crop*
Wherever Men of the Tribe of Sooder, and Hufbandmen are very nume-
rous, and where there is much Ground fit for Tillage, fuch Place is called
Gram, or a Town*
A Place that hath Eight Cofe in Length and Breadth, and on the Skirts of
which, on all the Four Sides, is a Ditch, and above the Ditch, on all the Four
Sides, a Wall or Parapet, and on all the Four Sides of it are Bamboos, and on
the Eafl or North Side thereof a hollow or covered Way, fuch Place is called
Ni^her, or a City: In the fame Manner, if it hath Four Cofe in Length and
Breadth, it is called Kheet, or a fmall City; and if it hath Two Cofe in Length
and Breadth, it is called Gherbut, or a fmall City.
The Road for pafting and repaying mall be at theChoice of the Inhabitants
■of a Town •, but if a Man poffefs only a fmall Lot of Ground, a fmall Parcel
only of his Ground fhall be included in the Road ; and whoever has a large
Parcel of Ground, a larger Share of his Ground fhall be included in the Road.
On each of the Four Sides of a Town, they fhall leave Four Hundred
Cubits, and from thence commence their Tillage; and on each of the Four
Sides of a City, they (hall leave SixteenHundred Cubits, and from thence com-
mence their Tillage; and on each of the Four Sides of a fmall City, they fhall
leave Twelve Hundred Cubits, and from thence commence their Tillage ;
and on each of the Four Sides of a fmaller City, they fhall leave Eight
Hundred Cubits, and from thence commence their Tillage; within this
Space above fpecified, no Tillage mall be made: If a Perfon, having made
T t t any
( 196 )
anyCultivation, neglects to enclofe it, and the Crop thereof fhould be eaten by
the Cows, Buffaloes, and fuch Kind of Animals, the Owner of thofe Animals,
and the Keeper of them, fhall not be amenable: If any Perfon knowingly
leaves his Cattle upon fuch Tillage, and fo caufes them to feed there, the Ma>-
giftrate fhall punifh fuch a Perfon iu the fame Degree as a Thief.
If a Perfon cultivates Land adjoining to the Road, without enclofing fuch
Land, and the Crop thereof be eaten by Cows, Buffaloes, Horfes, Camels,
Goats, Sheep, or any fuch Kind of Animals, the Owner and the Keeper of
them mail not be amenable: If any Perfon knowingly caufes his Cattle to feed
upon the Crops, the Magiftrate fhall punifh fuch a Perfon in the lame Degree
as a Thief.
DurikC the Night, if a fingle Cow fhould get into any Perfon's Ground*
and feed there, without Hinderance, in that Cafe, the Magiftrate fhall fine the
Owner of the Cow Five Silver Coins •, and if, during the Day, a fingle Cow
hath eaten the Crop upon any Perfon's Ground, without Hinderance, the
Magiftrate (hall fine the Owner of the Cow Six Silver Coins ; alio, if, either
during the Day or the Night, a fingle Cow fhould feed upon the Crop on
any Perfon's Ground, without Hinderance, for the Space of Two Churries^ the
Magiftrate fhall fine the Owner of the Cow Two Silver Coins \ and if the Cow
was under the Care of a Keeper, at the Time of her feeding upon fuch Crop,
the Keeper fhall pay the Fine, and pay alio to the Owner of the Land the
Value of whatever Part of the Crop fuch Cow hath eaten.
If a Camel hath eaten of the Crop upon the Ground of any Perfon, the
Magiftrate fhall fine the Owner of the Camel Twelve Silver Coins, and give
the Value of fuch Crop to the Owner of the Landj if the Camel was under
the Care of a Keeper, at the Time of eating the Crop upon a Perfon's
Ground,
( 197 )
Ground, in that Cafe, the Keeper fhall make good the Suit of the Owner of
the Ground, and fhall alfo pay the Fine.
If a Horfe or Buffalo hath eaten the Crop upon any Perfon's Ground, the
Magiftrate fhall caufe the Owner of the Land to pay the Crop, and fhall alfo
fine him Twenty Silver Coins; if the Horfe or Buffalo was under the Care
of a Keeper, at the Time of eating fuch Crop, the Owner of them has no
Concern therein, the Keeper fhall be held to make good both the Fine and
the Crop.
If a Qoat or a Sheep hath eaten of the Crop upon any Perfon's Ground",
in that Cafe, the Magiftrate mail caufe the Owner of the Goat or Sheep to
give fuch Crops to the Owner of the Ground, and fhall fine him Four Silver
Coins ; if the Goat or Sheep was under Care of a Shepherd, at the Time of
eating the Crop, in that Cafe, the Shepherd fhall be held to make good both,
the Fine and the Crop, the Owner has no Concern therein.
Exclusive of thefe Animals, whole Names have been above-mentioned,
if any other Animal whatever hath eaten the Crop upon any Perfon's
Ground, in that Cafe, the Magiftrate fhall caufe the Proprietor of the Animal
to pay the Crop to the Owner of the Ground, and fhall fine him One Puny
Five Gimdaes of Cowries •, if that Animai was under the Care of a Keeper, the
Keeper fhall be held to make good both the Fine and the Crop, the Owner
hath no Concern therein.
If the Foal of a Mare, or of a Camel, or of a Cow, or of a Buffalo, or
of any other Animal, hath eaten the Crop on any Perfon's Ground, in
that Cafe, the Magiftrate fhall caufe the Owner of the Foal to make good the
Crop to the Owner of the Ground, and fhall fine him Two Silver Coins ; if
fuch Foal was under the Care of a Keeper, while it fed upon fuch Crop, the
Keeper
( 198 )
Keeper mall be held to make good both the Crop and the Fine, the Owner
hath no Concern therein.
If a Cow, or a Buffalo, or a Horfe, or a Camel, or any other Animal, hath
<aten a great Quantity of the Crop on another Perfon's Ground, and hath ftaid
there a long Time, without any Difturbance, in that Cafe, the Magiftrate
fhall caufe the Owner of the Animal to make good the Crop to the Owner of
the Land, and fhall fine him Double of the Rates of Fines already above fpeci-
fied i if the Animal was under the Care of a Keeper, during the Time of eat-
ing fuch Crop, the Keeper fliall be held to make good both the Crop and the
Fines, the Owner hath no Concern therein.
If a Cow, or Buffalo, or any other Animal, hath eaten the Crop upon any
Perfon's Ground, and hath flept the whole Day, or the whole Night, upon that
Ground, in that Cafe, the Magiftrate fhall caufe the Owner of the Animal
to make good the Crop to the Owner of the Ground, and fhall fine him Qua-
druple of the Rates of Fines already above fpecified •, if there was a Keeper, at
the Time the Crop was eaten, that Keeper fliall make good both the Crop and
the Fine, the Owner hath no Concern therein.
If a Perfon caufes any Animal belonging to himfelf to eat, in his own
Sight, the Crop upon another Man's Ground, in that Cafe, theMagiftrate fhall
caufe him to make good the Crop to the Owner of the Ground, and fliall
punifh him in the fame Manner as a Thief.
If a Cow, or Buffalo, or a Horfe, or a Camel, or any other Animal, being
Hinder the Care cf a Keeper, hath eaten the Crop upon the Ground of any Per-
fon, in fuch a Manru r that there is not any Crop upon that Ground, in that
Cafe, the Magistrate frail fine the Keeper to the utmoft of his Worth; if the
Keeper is unable to pay a Fine, in that Cafe, the Magi ft rate fliall take a Fine
fram
( 1 99 )
from the Owner, and fhall chaftife the Keeper, and mall caufe the Crop to be
made good to the Owner of the Ground.
If a Horfe, or a Camel, or a Buffalo, or any other Animal belonging to any
Perfon, hath eaten the Crop upon another Man's Ground, and [his Man makes
a Demand for his Crop, in that Cafe, that Perfon fhall make good fuch Crop,
and fhall alio give whatever Quantity of Grafs may arife upon that Crop.
If a Cow hath eaten the Crop on any Man's Ground, it is not right for that
Man to take an Equivalent of fuch Crop from the Owner of the Cow, if he
takes the Equivalent, he is entitled to it, but it is neverthelefs a Crime in
him.
During the Time that a Keeper is tending Kine, Buffaloes, or fuchKnd of
Animals, if at fuch Time he attends the Summons of the Magiftrate, or is
ftricken by Lightning, or bitten by a Serpent, or falls down from a Tree, or
is carried off by a Tiger, or becomes fick, during thefe, or any fuch Kind of
Accidents, if the Kine, Buffaloes, or any other Animals, eat the Crop on any
Perfon's Ground, in that Cafe, the Keeper fhall not be amenable; alio, if,
while the Owner himfelf was tending his Kine, Euffaloes, or other Animals,
any fuch Accidents mould happen to him, and the Animals aforefaid mould
eat the Crop on any Perfon's Ground, the Owner of the Animals fhall not be
amenable.
A Bull, to whom Cows are driven for leaping, in Expectation of their pro-
ducing Calves, fuch Bull is called Beejejhukta •, if fuch Bu 1 eats the Crops
.upon any Perfon's Ground^ the Owner or Keeper of the Bull fhall not be
amenable.
U u u A Bull,
( 200 )
A Bull, upon whole Rump, at the Time of the Seradeh, or Feftival of any
Pei ion, they make a Scar, and let him loofe, fuch Bull goes wherever he choofes-,
no Perfon performs the Office of Keeper to fuch Bull; the Name of fuch Bull
is Bereefocherg : If this Bull eats the Crop upon the Ground of any Perfoni.
the Owner of the Bull fliall not be amenable.
If a Cow belonging to one Town hath been loft, or hath ftrayed to any other
Town, and there eats the Crop upon the Ground of any Perfon, in that Cafe,
the Owner and Keeper of the Cow fliall not be. amenable.
If a Cow, having brought forth a Calf, before the Elapfe of Ten Days from
the Time of her calving, fliould eat of the Crop upon the Ground of any
Peilbn, in that Cafe, the Owner and Keeper of the Cow fhall-not be
amenable.
When a Cow, from her own Impulfe and Inclination, is accompanying a
Bull to be leaped by him, if, at fuch Time, the Cow aforefaid fhould eat of
the Crop upon the Ground of any Perfon, in that Cafe, the Owner and Keeper
of the Cow fhall not be amenable.
If a Cow, or a Horfe, or a Buffalo, or a Camel, or any other Animal, being
blind or lame, fhould eat the Crop upon any Perfon's Ground, the Owner
and' Keeper of fuch Animals fhall not be amenable.
If the Magiftrate's Elephant, or the Magiftrate's Horfe, fhould eat the Crop
upon the Ground of any Perfon, the Owner and the Keeper thereof mail not
be amenable.
If
( 201 )
Tf a Weafcl, or a Moufe, or a Rat, or any fuch Kind of fmall Animal, or a.
Mule, fhould eat of the Crop upon the Ground of any Perfon, the Owner and
Xeeper of thefe Animals fhall not be amenable.
If a Cow without a Keeper, being frightened at feeing an Army, or by a
Thunder Storm, or any other Accident, fliould run away, and eat the Crop
upon the Ground of any Perfon, the Owner of that Cow fhall not be amenable.
If a Man hath laid up Hay in a Garden, or any other Place, to feed his own
Cattle, and another Perfon's Cow, or Buffalo, or any other Animal, fhould eat
that Hay, or fliould eat the Crop upon any Man's Ground, or fhould go into
any Man's Houfe, or Garden, or tilled Land, upon fuch Fault, that Perfon
has Power to catch and bind the aforefaid Animals, and may alfo (lightly beat
them; if, without fuch Fault, any Perfon fhould catch and bind the aforefaid
Animals, or beat. them,, the Magiftrate, in that Cafe, fhall hold him amenable*
CHAP.
( 202 )
CHAP. XV.
Of Scandalous and Bitter Exprejfions, {x.^.fuch Expreffions
as it is a Crime to utter.)
If a Man falfely accufes another, it is called Pak-Parijh,
Se6l. I. Of the Denominations of the Crime.
Sed. II. Of the Punifhment for the Pak-Parijh.
SECT. I.
Of the Denominations of the Crime^ coftfifting of Three
Difiin&ions.
i. When a Man utters fuch Exprefllons, as that, from thofe Exprefllons,
any Perfon becomes fufpected of the Atee Patuk, or the Maha Patuk, or the
A/too Patuk.
Atee Patuk is, when a Man commits Inceft with his own Mother, or with
.his own Daughter, or with his Son's Wife.
Maha Patuk is, when a Man murders a Bramin, or when, being a Bramiii,
he drinks Wine; or when any Perfon fteals Eighty Ajhrufies from a Bramin ; or
when a Man commits Adultery with any of his Father's Wives, jexclufive of
his
( 203 )
his own Mother, or with the Wife of a Bram'm\ when a Man hath committed
any One of thefe Crimes, fuch Crime is called Maha Patuk: Whoever con-
tinues intimate with fuchaPerfon, for the Space of One Year, his Crime alio
is Maba Patuk.
The Modes of Intimacy are as follows, viz.
If a Perfon hath difcourfed with fuch Kind of Offenders, or hath contami-
nated himfelf by touching them, or hath fat in the fame Place to eat with
them, or fits upon the fame Carpet with them, and fleeps there, or ride
together with them in the fame Carriage and Conveyance-, if fuch Intimacy-
continues for the Space of One Year, it is Maba Patuk.
If a Perfon eats at the fame Table with a Man guilty of Maba Patuk, or,
by drefling Victuals for a Man guilty of Maba Patuk, gives him to eat, or
teaches any Science to a Man guilty of Maba Patuk, in fuch Cafes, an Inti-
macy of a fingle Day is Maba Patuk.
Anoo Patuk is, when a Sooder, afluming the Braminical Thread, calls himfelf
a Bramin; or when a Man falfely accufes a faultlefs Magiftrate; or when a Man,
by falfe Reports, makes his Father infamous; or when a Man reads any un-
orthodox Shajier, and forgets the Beids of the Sbajier ; or when a Man utters
any Abufe againft the Beids ; or when a Man murders his Friend, or gives falfe
Teftimony, or eats the Victuals of the Washerman's Caft, or of the Shoe-Em-
broiderers Caft, or of any other bafe Caft; or when a Man fpoils another Per-
fon's Goods committed to his Truft; or when a Man deals a Man, or a Horfe,
or Money, or Land, or Diamonds, or any other Jewels; or when a Man com-
mits Adultery with his Paternal Uncle's Wife, or with his Grandfather's
Wife, or with his Wife's Mother, or with the Magiftrate's Wife, or with his
Father's Sifter, or with his Mother's Sifter, or with the Wife of a Bramin win
X x x IvdiW
( 204 )
hath read the Bcids, or with his Tutor's Wife, or with his Friend's Wife, or
with the Wife of a Perfon defcended from the fame Grandfather with
himfelf, or with the Wife of a Man of a fuperior Caft, or with the Wife of
a Man of a barc Caft, or with a Bramm's unmarried Daughter, or with any
Woman during her Catamenia, or with a Woman employed in the Worfhip
of Providence i every One of thefe Crimes is Anoo Patuk.
2. When a Man falfely accufes another, in fuch a Manner that he becomes
fuipected of the Opoo Patuk.
Opoo Patuk is, when a Man hath ilain a Cow ; or when a Man fells himfelf,
or commits Adultery with another Man's Wife, or forfakes his Father, or his
Mother, or his Spiritual Guide, or his Son, without any Fault on their Side;
or when a Man, having commenced ajugg for his whole Life, relinquifhes that
Jugg; or when any Bramin fludies not the Beids; or when a Man marries while
his Elder Brother remains unmarried; or when a Man marries his Daughter to
fuch a Perfon ; or when a Man gives the Younger Sifter in Marriage while
the Elder Sifter remains unmarried ; or when a Man thrufts his Finger into the
Pudendum of an unmarried Virgin ; or when a Man, not being of the Bice Caft,
engages in Trade while no Calamity obtains ; or when a Bramin, or Cbebteree,
having commenced any religious Act, neglects to complete it; or when a Man
fells his Wife, or his Son, or his Daughter, without their Confent; or when a
Bramin, a Chehterce, or a Bice, neglects to aiTume the Gentoo Thread at the pro-
per Period; or when a Man refufes to eat and drink with Men defcended
from the fame Grandfather with himfelf, whofe Characters are unimpeached;
or when a Man accepts any Money to inftruct another in a Science; or when
a Man learns any Science of fuch a Perfon; or if a Bramin, a fingle Time, fells
Wax or Salt, or the Seed of the Kunjud (from whence Oil is made;) or if a
Bramin, as afore faid, is twice guilty of felling Milk; or, in the Place where
Salt is boiled, if a Bramin, as aforefaid, becomes Proprietor of fuch Place; or
when
( *05 )
when any Perfon fpoils the Plantain Tree, or any fuch Kind ofTrer, which
dies after the Fruit has once ripened on it; or when a Man takes to hirmeli
a Livelihood from the Money earned by a Woman; or when a Man performs
the Jugg to procure the Death of any Perfon ; or when a Man caufes any
Perfon to take a Philter, that he may procure an unwarrantable Power over
fuch Perfon; or when a Man cuts a great Number of live Trees for the
PuVpofe of dreffing his Victuals ; or when a Man dreiTes Victuals for himfclf
alone; or when a Man eats his Victuals at the Hands of an Aftrologer, or
from a Man of the Caft of Deiool, or from a Thief; or when a Man will not
pay his Debts; or if a Bramin neglects to perform the Juggzvzxy Day; or when
a Man fteals Paddee, orWheat, or Gram, or Doll, or any fuch Kinds of Grain, or
Iron, or Silver, orBrafs, orCopper,orany fuch Kind of Metals, except Gold; or
when a Man ftudies fuch Kind of Skajier as is not orthodox with refpeft
to Providence; or when he conftantly gives up his Time to Dancing, Sing-
ing, and Playing upon Mufical Instruments; or when a Man commits Adul-
tery with a drunken Woman; or when a Man deprives of Life a Woman,
or a Man of the Bice, or Chehteree, or Soodsr Caft; or when a Man has no Regard
for his latter End, and for religious Acts; all thefe Crimes are Opoe Patuk,
3. When a Man utters fuch Exprefiions, in Behalf of another, as that he
becomes fufpected of Jatee Bherun Kujhker, or of Shunkeree Kurrun, or of Apateree
Kurrun, or of Melabhoo, or of Perkernukka..
Jatee Bherun KuJJjker is, when a Man does any Injury to a Bramin-, or when a
Man fmells at Wine, or Garlick, or Onions; or when a Man hath not a pure
Heart towards his Friend; or when a Man ftrikes any Perfon on the Buttock.
Shunkeree Kurrun is, when a Man flays an Elephant, or a Horfe, or a Camel5or
an Afs, or a Stag, or a Sheep, or a Goat, or a Buffalo, or a Snake, or a Fifh.
Apateree
( 206 )
jfpateree Kurrun is, when a Man receives any Goods from a Perfon of bad
Character; or when any Man, except a Bice, engages in Trade; or when any
Man becomes the Servant of a Sooder, and when a Man tells Lies.
Melabhoo is, when a Man deprives an Ant of Life, or kills a Bird ; or when a
Man fteals Fruit, or Faggots, or Flowers; or when a Man is not pofTefled of
Patience; or when any Perfon is drinking Wine, if another Perfon, during that
Time, at the fame Feaft, eats Fruits, or any other Victuals.
Perkernukka is, any Crime exclufive of the Atee Patuk, and other Eight Sorts
of Crimes, which have been above fpecified. — Of thele Three Distinctions of
the Pak-Parijh, which have been explained, under Nine Subdivifions of
Crimes, the feveral Punifhments fhall be defcribed refpectively.
SECT. II.
Of the Punifoment for the Pak-Pari/h, or Scandalous and
Bitter Exprejfw7/is*
If a Man, who is of an equal Caft, and of equal Abilities with another,
makes him become falfely fufpe&ed of the Crime of Atee Patuk, the Magistrate
fhall fine him One Thoufand Puns oi Cowries.
If a Man of an inferior Caft to another, and alfo of inferior Abilities,
falfely makes him fufpected of the Crime of Atee Patttk, the Magiftratc fhall
fine him Two Thoufand Puns of Cowries,
If
( 207 )
If a Man of fuperlor Call, and of fuperior Abilities to another, falfely
caufes him to be fufpecled of the Crime of Atee Patuk, the Magiftrate mall
fine him Five Hundred Puns of Cowries.
Whoever falfely accufes a Woman of the Crime of Alee Patuk, the Magi-
ftrate fliall fine him Two Thoufand Puns of Cowries.
If a Man of an equal Cad, and of equal Abilities with another,falfely accufes
him, fiying, "You have committed the Crime of Maba Patuk " the Magiftrate
fliall fine him Five Hundred Puns of Cowries.
If a Man of inferior Caft, and of inferior Abilities to another, caufes him to
be falfely fufpected of the Crime of Maba Patuk, the Magiftrate fliall fine him
One Thoufand Puns of Cowries.
If a Man of a fuperior Caft, and of fuperior Abilities to another, makes a
falfe Accufation of the Crime of Maba Patuk againft him, the Magiftrate fliall
fine him Two Hundred and Fifty Puns of Cowries.
If a Man falfely makes Accufations of the Crime of Maba Patuk againft a
Woman, the Magiftrate fliall fine him One Thoufand Puns of Cswries.
If a Man of an equal Caft,and of equal Abilities with another, falfely accufes
him, faying, ct You have committed One of the Crimes of Anoo Patuk" the
Magiftrate fliall fine him One Hundred Puns of Cowries.
If a Man of an inferior Caft,and of inferior Abilities to another,falfely accufes
him of the Crime of Anoo Patuk, the Magiftrate fliall fine him Two Hundred
Puns of Cowries.
Yy y If
( SOS )
If a Man of a fuperior Caft, and of fuperior Abilities to another, falkly
accufes him of the Crime of Anoo Patuk, the Magiftrate mall fine him Fifty
Puns of Cowries.
If a Man falfely accufes a Woman of the Crime of Anoo Patuk, the Magi-
ftrate fhall fine him Two Hundred Puns of Cowries.
If a Sooder falfely accufes a Bramin, or a Chehteree, or a Bice, of either of the
Crimes of Atee Patuk, or Maha Patuk, or Anoo Patuk, the Magiftrate fhall cut
out his Tongue, and thruft a hot Iron of Ten Fingers breadth into his
Mouth.
If a Man of an equal Caft, and of equal Abilities with another, falfely ac-
cufes him of any of the lefTer Crimes of the Opoo Patuk, the Magiftrate fhall
fine him Fifty Puns of Cowries.
If a Man of an inferior Caft, and of inferior Abilities to another, falfely
accufes him of any of the lefTer Crimes of the Opoo Patuk,\\\t Magiftrate fhall
fine him One Flundred Puns of Cowries.
If a Man of a fuperior Caft, and of fuperior Abilities to another, falfely
accufes him of any of the lefTer Crimes of the Opoo Patuk, the Magiftrate fhall
fine him Twenty-fiveP^w of Glories.
m
If a Man falfely accufes a Woman of any One of the lefTer Crimes of the
Opoo Patuk, the Magiftrate fhall fine him One Hundred Puns of Cowries.
If
( 2o9 )
Iv a Man of an equal Caft, and of equal Abilities with another, falfely
accufes him of any One of the mediumCrimes of theOpoo Patuk^ht Magiftrate
fhall fine him Two Hundred and Fifty Puns of Cowries,
If a Man of an inferior Caft, and of inferior Abilities to another, falfely
accufes him of any One of the medium Crimes of the Opoo Palitk, the Magiftrate
fhall fine him Five Hundred Puns of Cowries.
If a Man of a fuperior Caft, and of fuperior Abilities to another, falfely
accufes him of any One of the mediumCrimes of the Opoo Patukjhc Magiftrate
mall fine him One Hundred and Twenty-five Puns of Cowries*
If a Man falfely accufes a Woman of any One of the medium Crimes of
the Opoo Fciiuk, the Magiftrate fhall line him Five Hundred Puns of Cowries.
If a Man of an equal Caft, and of equal Abilities with another, falfely
accufes him of any of the greater Crimes of the Opoo Patuk, the Magiftrate
fhall line him Five Hundred Puns of Cowries.
If a Man of an inferior Cait, and of inferior Abilities to another, falfely
accufes him of any One of the greater Crimes of the Opoo Patuk, the Magi-
ftrate fhall fine him One Thoufand Puns of Cowries.
If a Man of a fuperior Caft, and of fuperior Abilities to another, falfely
accufes him of any One of the greater Crimes of the Opoo Patuk, the Magi-
ftrate fhall fine him Two Hundred and Fifty Puns of Cowries.
If
( 2IO )
If a Man falfely accufes a Woman of any One of the greater Crimes of the
Opoo Patuk, the Magiflrate fhall fine him One Thoufand Puns of Cowries.
If a Man of an equal Cafl, and of equal Abilities with another, falfely ac-
cufes him of any One of the lefTer Crimes of the Jatee Bherun Kufiker, or of the
Sbunkeree Kurrun, or of the Apateree Kurrun, or of the McLbhco, or of the
Perkernukka, the Magiflrate fhall fine him Twenty-five Puns of Ccwries.
If a Man of an inferior Caft, and of inferior Abilities to another, falfely ac-
cufes him of any One of the {efier Crimes of thejatee Bherun Ku/hker, or of the
Sbunkeree Kurrun, or of iheApaieree Kurrun, or of the McUibhoo, or of the Perker*
riukka, the Magiflrate fhail fine him Fifty Puns of Cowries.
If a Man of a fuperior Cafl, and of fuperior Abilities to another, falfely ac-
cufes him of anj One of the lefTer Crimes of the Jatee Bherun Kujhker, or of the
Sbunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo, or of the
Perkernukka, the Magiflrate fhail fine him One Hundred Puns of Cowries.
If a Man falfely accufes a Woman of any One of the lefTer Crimes of the
Jatee Bherun Ku/hker, or of the Sbunkeree Kurrun, or of the Apateree Kurrun, or of
the Melabhoo, or of the Perkernukka, the Magistrate fhall fine him Fifty puns
of Cowries.
If a Man of an equal Cafl, and of equal Abilities with another, falfely ac-
cufes him of any One of the medium Crimes of the Jatee Bherun Ku/hker, or of
the Sbunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo, or of the
Perkernukka, the Magiflrate fhall fine him One Hundred and Twenty-five />#«*
of Cowries.
If
('211 )
If a Man of an inferior Call, and of inferiorAbilities to another, falfely ao
cufes him of any One of the medium Crimes of the Jatee B 'her un KuJJjker, or of
the Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo, or of the
Perkernukka, theMagiftrate fhall fine himTwo Hundred and Fifty Puns of Cowries.
If a Man of a fuperior Caft, and of fuperior Abilities to another, falfely ac-
cufes him of any One of the medium Crimes of the Jatee Bherun KuJJjker, or of
the Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo, or of the
Perkernukka, the Magiftrate fhall fine him Sixty-two Puns of Cowries.
If a Man accufes a Woman of any of the medium Crimes of the Jatee
Bherun Kujhker, or of the Shunkeree Kurrun, or of the Apateree Kurrun, or of the
Melabhoo, or of the Perkernukka, the Magiftrate fhall fine him Two Hundred
and Fifty Puns of Cowries.
If a Man of equal Caft, and of equal Abilities with another, falfely accufes
him of any One of the greater Crimes ot the Jatee Bherun KuJJjker, or of the
Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo, or of the Per-
kernukka, the Magiftrate fhall fine him Two Hundred and Fifty Puns of Cow-
ries.
If a Man of an inferior Caft, and of inferiorAbilities to another, falfely ac-
cufes him of any One of the greater Crimes of the Jatee Bherun Kujhker, or of
the Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo, or of the
Perkernukka, the Magiftrate fhall fine him Five Hundred Puns of Cowries.
If a Man of a fuperior Caft, and of fuperiorAbilities to another, falfely ac-
cufes him of any One of the greater Crimes of the Jatee Bherun KuJJjker, or of
the Shunkeree Kurrun, or of the Apateree Kurrun, or of the Melabhoo, or of the
Zzz Perkenw.kk).
( 212 )
Perkermkka, the Magiftrate fhall fine him One Hundred and Twenty-five Puns
of Cowries.
If a Man falfely accufes a Woman of any One of the greater Crimes of the.
Jatee Bberun Kufiker, or of the Sbunkeree Kurrunt or of the Apateree Kurrun^ or
of the Melabhoo, or of the Perkernukka, the Magiftrate mall fine him Five
Hundred Puns of Cowries.
If a Man be deficient in a Hand, or a Foot, or an Ear, or an Eye, or a
Nofe, or any other Member, and a Perfon of an equal Caft, and of equal Abi-
lities with him, fhould fay to him, in a reproachful Mannner, " You are defi-
cient in a Hand, or a Foot, or an Ear, or an Eye, or a Nofe, or any other
Member," or fhould fay to him, " Such Limb of yours is very beautiful," the
Magiftrate fhall fine him Twelve Puns of Cowries.
If a Man be deficient in a Hand, or a Foot, or an Ear, or an Eye, or a Nofe,
or any other Member, and a Perfon of an inferior Caft, and of inferiorAbilities
to him, fhould thus fay to him, in a reproachful Manner, " You are deficient
in a Hand, or a Foot, or an Ear, or an Eye, or a Nofe, or any other Mem-
ber," or fhould thus fay, " This Limb of yours is very beautiful," in that
Cafe, the Magiftrate fhall fine him Twenty-four Puns of Cowries.
If a Man be deficient in a Eland, or a Foot, or an Ear, or an Eye, or a
Nofe, or any other Member, and a Perfon of a fuperior Caft, and of fuperior
Abilities to him, fhould thus, in a reproachful Manner, fay to him, " You are
deficient in a Hand, or a Foot, or an Ear, or an Eye, or a Nofe, or any other
Member," or fhould thus fay, u This Limb of yours is very beautiful," in
that Cafe, the Magiftrate fhall fine him Six Puns of Cowries.
If
( 213 ). j
If a Woman be deficient in a Hand, or a Foot, or an Ear, or an Eye, or a
Nofe, or any other Member, and a Man fhould reproachfully fay to her, " You
are deficient in fuch Limbs," or, " Such Limb of yours is very beautiful,"
in that Cafe, the Magiftrate mail fine him Twenty-four Puns of Cowries.
If a Man of an equal Caft, and of equal Abilities with any Perfon, who is
well (killed in any ProfefTion, fhould fay to him, by way of fetting off his own
Excellence, " You have no Skill whatever," the Magiftrate, in that Cafe,
fhall fine him Two Hundred Puns of Cowries.
If a Man of an inferior Caft, and inferior Abilities to any Perfon, well
(killed in any ProfefTion, fhould fay to him, by way of fetting off his own Ex-
cellence, " You have, in fact, no Skill whatever," in that Cafe, the Magiftrate
fhall fine him Four Hundred Puns of Cowries.
If a Man of a fuperior Caft, and fuperiorAbilities to anyPerfon,well (killed
in any ProfefTion, fhould fay to him, by way of fetting off his own Excellence,
" You have no Skill whatever," in that Cafe, the Magiftrate fhall fine him
One Hundred Puns of Cowries.
If a Man fpeaks reproachfully of any Country, as, " That Country is mod
particularly bad," the Magiftrate (hall fine him Two Hundred Puns of Cowries.
If a Man fhould fay of a Bramin, that, " This Man is no Bramin" or of a
Ckehteree^ that, " This Man is no Chehteree" or in fuch Manner (hould fpeak
reproachfully of any Caft, in that Cafe, the Magiftrate (hall fine him Two Hun-
dred Puns of Cowries.
El
( 21+ )
If a Man fhould fay of a religious Perfon, that, " This is not a religious
Perfon," the Magiftrate fliall fine him Two Hundred Puns of Cowries.
If a Man fpeaks reproachfully of any upright Magiftrate, the Magiftrate
fhall cut out hisTongue, or, having confifcated all his Effects, fhall banifh him
the Kingdom.
If a Magiftrate for his own Good hath paffed any Refolutions, whoever re-
fufes to fummit to fuch Refolutions, the Magiftrate fhall cut out that Perfon's
Tongue.
If a Magiftrate, or a Bramin, be convicted of any Crime, they fhall not be
put to Death; nor fhall their Hand, or Foot, or any other Limb be cut off.
If a Man is a Robber, or is fecluded from his own Caft, it is not right to
call him a Robber, or an Outcaft; if any Perfon fhould call him a Robber,
or an Outcaft, the Magiftrate fhall fine him in Half the Mulct of a Robber,
or an Outcaft.
If a Man is in Company with a Robber, or is defirous to eat and drink with
an Outcaft, and another Perfon fhould forbid fo to do, that Perfon fhall not
be amenable.
If a Man fpeaks reproachfully of his Mother, or of his Father, or of his
Spiritual Director, or of his Elder Brother, or of a Woman of good Character,
or of his Son, the Magiftrate fhall fine him One Hundred Puns of Cowries.
If a Man fpeaks reproachfully of his Wife's Father or Mother, the Magi-
ftrate fhall fine him Fifty Puns of Cowries,
If
( 2'5 )
If Two Perfons mutually abufe each other, or mutually utter faife Accu-
fations againft each other, the Magiftrate fliall take an equal Fine from both
Parties.
In any Affair wherein a Fine has not been fpecified, the Magiftrate never-
h ihall take a Fine from the Party, upon Intelligence of the Affair,
In any Affair where the Caft and Science of the Party are mentioned, a
Fine fliall be taken, according to the Amount at which that particular Caft
:iad Science are rated.
If a Perfon, from Intoxication, or Idiotifm, fhouUi fpeak reproachfully of
any One, the Magiftrate fliall not hold him amenable,
If a Man fhould have fpoken reproachfully of another, or fhould have
abufed him, and afterwards fays, " I fpoke it inconfiderately, or in Jeft, and I
will not utter fuch Exprefllons in future," the Magiftrate fliall take from him
Half the Fine that has been fpecified for fuch Fault,
If any Man fhould fay, that, *' The Magiftrate will die at fuch a particular
Time," the Magiftrate Ihall fine that Perfon Eight Hundred Puns of Cowries.
If a Man of inferior Caft, proudly affecting an Equality with a Perfon of
fuperior Caft, fliould fpeak at the fame Time with him, the Magiftrate, in that
Cafe, fliall fine him to the Extent of his Abilities.
4A CHAP,
( art )
CHAP. XVI.
Of AJfault.
Sect. I. Of A flault, and of Preparation to A flank.
Se<5h II. Of Cafes where no Fine is taken.
Stdi. III. Of the Fines for the Death of Animals.
SECT. I.
Of AJfault^ and of Preparatio?i to AJfault.
If a Man aflaults, or prepares to aflault, another Perfon, with his Hand, or
Foot, or with a Club, or with Sand, or with a Weapon, or with a Stone, or with
any other Article, it is called Dumr Pari/h, and hath Three Diftin&ions, viz.
i. Abkoorun.
2. Neejhungpat.
3. Kebeet Derjhen.
Abkoorun is, when a Man is prepared to AfTault : Nee/hungpat is, when a Man
beats another unmercifully, yet fo as to fhed no Blood from his Body : Kebeet
Derjhen is, when a Man chaftiles another in fuch a Manner as to fhed Blood.
If
( «7 )
TFa Man of an equal Caft, and of equal Abilities with another, is prepared
to throw upon his Body, Dull, or Sand, or Clay, or Cow Dung, or any Thing
elfe of the fame Kind, or is prepared to ftrike him with his Hand or Foot, the
Magiftrate fhall fine him One Majheh of Silver.
If a Man of an inferior Caft, and of inferior Abilities to another, is prepared
to throw upon his Body, Dull, or Sand, or Clay, or Cow Dung, or any Thing
elfe of the lame Kind, or is prepared to ftrike him with his Hand or Foot, the
Magiftrate (hall fine him Three Majhehs of Silver.
If a Man of a fuperior Caft, and of fuperior Abilities to another, is prepared
to throw upon his Body, Duft, or Sand, or Clay, or Cow Dung, or any Thing
elfe of that Kind, or is prepared to ftrike him with his Hand or Foot, the
Magiftrate fhall fine him Half a Majheh of Silver.
If a Man of an inferior Caft and of fuperior Abilities to another, or of a fu-
perior Caft and inferior Abilities to him, is prepared to throw upon his Body,
Duft, or Sand, or Clay, or Cow Dung, or any Thing elfe of that Kind, or is
prepared to ftrike him with his Hand or Foot, the Magiftrate fhall fine him
One Majheh of Gold.
If a Man of an equal Caft with fuperior Abilities, or of a fuperior Caft
and equal Abilities with another, is prepared to throw upon his Body, Duft,
or Sand, or Clay, or Cow Dung, or any Thing elfe of the fame Kind, or is
prepared to ftrike him with his Hand or Foot, the Magiftrate fhall fine him
Two Majhehs of Silver.
If a Man is prepared to throw upon a Woman's Body, Duft, or Sand, or
Clay, or Cow Dung, or any Thing elfe of the fame Kind, or is prepared to
ftrike
( 2*8 )
ftrikeher with his Hand or Foot, the Magiftrate (hall fine him Two Miijhehs
of Silver.
If a Man of an equal Cad, and of equal Abilities with another, throws upon
his Body, Du ft, or Sand, or Clay, or Cow Dung, or any Thing elfe of the
fane Kind, or ftrikes him with his Hand or Foot, the Magiftrate (hall fine
him Ten Puns of Cowries,
If a Man of an inferior Caft, and of inferior Abilities to another, thrown
upon his Body, Duft, or Sand, or Clay, or Cow Dung, or any Thing elfe of
the fame Kind, or ftrikes him with Ins Hand or Foot, the Magiftrate (hall
fine him Thirty Puns of Cowries.
If a Man of a fuperior Caft, and of fuperior Abilities to another, throws
upon his Body, Duft, or Sand, or Clay, or Cow Dung, or any Thing elfe of
the fame Kind, or ftrikes him with his Hand or Foot, the Magiftrate ihall
line him Five Puns of Cowries,
If a Man of an inferior Caft and of fuperior Abilities, or of a fuperior Caft
and inferior Abilities to another, throws upon his Body, Duft, or Sand, or Clay,
or Cow Dung, or any Thing elfe of the fame Kind, or ftrikes him with his
Hand or F'oot, the Magiftrate ihall fine him Ten Puns of Cowries,
If a Man of an equal Caft with fuperior Abilities, or of a fuperior Caft and
equal Abilities with another, throws upon his Body, Duft, or Sand, or Clay, or
Cow Dung, or any Thing elfe of the fame Kind, or ftrikes him with his Hand
or Foot, the Magiftrate Ihall fine him Twenty Puns of Cowries.
If
( 219 )
If a Man throws upon a Woman's Body, Duft, or Sand, or Clay, or Cow
Dung, or any Thing clle of the fame Kind, or ftrikcs her with his Hand cr
Foot, the Magistrate (hall fine him Twenty Puns of Cowries.
If a Man of an equal Caft, and of equal Abilities with another, is prepared
to caft upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the G a
of his Eyes, or the Wax of his Ears, or the Refufe of Victuals, or Spittle, the
Magiftratc (hall fine him Twenty Puns of Cowries.
If a Man of an inferior Caft, and of inferior Abilities to another, is pre-
pared to caft upon his Body, Tears, or Phlegm, or the Paring of his Nails, or
the Gum of his Eyes, or the Wax of his Ears, or the Refufe of Victuals, or
Spittle, the Magiftrate (hall fine him Sixty Puns of Cowries.
If a Man of a fuperior Caft, and of fuperior Abilities to another, is prepared
to caft upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the
Gum of his Eyes, or the Wax of his Ear?, or the Refufe of Victuals, or Spi:
the Magiftrate (hall fine him Ten Puns of Cowries.
If a Man of inferior Caft and fuperior Abilities, or of a fuperior Caft and
inferior Abilities to another, is prepared to caft upon his Body, Tears, or
Phlegm, or the Paring of his Nails, or the Gum of his Eyes, or the Wax of
his Ears, or the Refufe of Victuals, or Spittle, the Magiftrate (hall fine him
Twenty Puns of Cowries.
If a Man of an equal Caft with fuperior Abilities, or of a fuperior Caft and
equal Abilities with another, is prepared to caft upon his Body, Tears, or
Phlegm, or the Paring of his Nails, or the Gum of his Eyes, or the Wax of
4 B his
( 220 )
his Ear?, or the Refufe of Victuals, or Spittle, the Magiftrate fhall fine him
Forty Puns of Cowries.
If a Man is prepared to call upon a Woman's Body, Tears, or Phlegm,
cr the Paring of his Nails, or the Gum of his Eyes, or the Wax of his Ears,
or the Refufe of Victuals, or Spittle, the Magiftrate fhall fine him Forty Puns
of Cowries.
If a Man of an equal Call, and of equal Abilities with another, fhould caft
upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the Gum of
his Eyes, or the Wax of his Ears, or Spittle, or the Refufe of Victuals, the
Magiftrate mall fine him Forty Puns of Cowries.
If a Man of an inferior Cafl, and of inferior Abilities to another, fhould
call upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the
Gum of his Eyes, or the Wax of his Ears, or Spittle, or the Refufe of
Victuals, the Magiftrate fhall fine him One Hundred Puns of Cowries.
If a Man of fuperior Caft, and of fuperior Abilities to another, fhould caft
upon his Body, Tears, or Phlegm, or the Paring of his Nails, or the Gum of
his Eyes, or the Wax of his Ears, or Spittle, or the Refufe of Victuals, the
Magiftrate fhall fine him Twenty Puns of Cowries.
If a Man of an inferior Caft with fuperior Abilities, or of a fuperior Caft
and inferior Abilities to another, fhould caft upon his Body, Tears, or Phlegm,
or the Paring of his Nails, or the Gum of his Eyes, or the Wax of his Ears,
or Spittle, cr the Refufe of Victuals, the Magiftrate fhall fine him Forty
Puns of Cczvries.
If
( 221 )
If a Man of an equal Caft with fnperior Abilities, or of a fuperior Caft
and equal Abilities with another, mould caft upon his Body, Tears, or Phlegm,
or the Paring of his Nails, or the Gum of his Eyes, or the Wax of his Ears,
or Spittle, or the Refufe of Victuals, the Magiftrate (hall fine him Eighty
Puns of Cowries*
If a Man mould caft upon a Woman's Body, Tears, or Phlegm, or the
Paring of his Nails, or the Gum of his Eyes, or the Wax of his Ears, or
Spittle, or the Refufe of Victuals, the Magiftrate fhall fine him Eighty Puns
of Cowries.
If a Man of an equal Caft, and of equal Abilities with another, throws
upon him, from his Navel downwards to his Foot, any Spue, or Urine, or
Ordure, or Semen, the Magiftrate fhall fine him Forty Pirns of Cowries.
If a Man of an inferior Caft, and of inferior Abilities to another, throws
upon him, from his Navel downwards to his Foot, any Spue, or Urine, or
Ordure, or Semen, the Magiftrate mall fine him One Hundred and Twenty
Puns of Cowries,
If a Man of a fuperior Caft, and of fuperior Abilities to another, throws
upon him, from the Navel downwards to the Foot, any Spue, or Urine, or
Ordure, or Semen, the Magiftrate fhall fine him Twenty Puns of Cowries.
If a Man of an inferior Caft and fuperior Abilities, or of a fuperior Caft
and inferior Abilities to another, throws upon his Body, from the Navel
downwards to the Foot, any Spue, or Urine, or Ordure, or Semen, the Magi-
ftrate fhall fine him Forty Puns of Cowries.
I?
( 222 )
J; a Man of an equal Cafe with fuperior Abilities, or of a fuperior Cat!:
equal Abilities with another, throws upon him, from the Navel down*
rds to the Foot, any Spue, or Urine, or Ordure, or Semen, the Magiftrate
(Hall fine him Eighty Puns of Cowries,
If a Man throws upon a Woman, from the Navel downwards to the Foot,
any Spue, or Urine, or Ordure, or Semen, the Magistrate fhall fine him Eight)
Puns of Cowries*
If a Man of an equal Cad, and of equal Abilities with another, throws
up >n his Body, from the Navel upwards to beneath the Neck, any Spue, or
Urine, or Ordure, or Semen, the Magiftrate fhall fine him Sixty Aw of
Cowries.
If a Man of an inferior Caft, and of inferior Abilities to another, throws
upon his Body, f:om the Navel upwards to beneath the Neck, any Spue, or
Urine, or Ordure, or Semen, the Magiftrate fhall fine him One Hundred and
Eighty Puns of Cowries.
If a Man of a fuperior Caft, and of fuperior Abilities to another, throws
upon his Body, from the Navel upwards to beneath the Neck, any Spue,
or Urine, or Ordure, or Semen, the Magiftrate fhall fine him Thirty Puns of
Cowries.
If a Man of an inferior Caft with fuperior Abilities, or of a fuperior Caft
and inferior Abilities to another, throws upon his Body, from the Navel up-
wards to beneath the Neck, any Spue, or Urine, or Ordure, or Semen, the
Magiftrate fhall fine him Sixty Puns of Cowries.
If
( 223 )
If a Man of an equal Cad with fuperior Abilities, or of a fuperior Call
and equal Abilities with another, throws upon his Body, from the Navel
upwards to beneath the Neck, any Spue, or Urine, or Ordure, or Semen,
the Magiftrate fhall fine him One Hundred and Twenty Puns of Cowries.
If a Man throws upon a Woman's Body, from the Navel upwards to be-
neath the Neck, any Spue, or Urine, or Ordure, or Semen, the Magiftrate
fhall fine him One Hundred and Twenty Puns of Cowries,
If a Man of an equal Caft, and of equal Abilities with another, throws
upon him, from the Neck upwards, any Spue, or Urine, or Ordure, or Semen,
the Magiftrate fhall fine him Eighty Puns of Cowries*
If a Man of an inferior Caft, and of inferior Abilities to another, throws
upon him, from the Neck upwards, any Spue, or Urine, or Ordure, or Semen,
the Magiftrate (hall fine him Two Hundred and Forty Puns of Cowries.
If a Man of a fuperior Caft, and of fuperior Abilities to another, throws upon
him, from the Neck upwards, any Spue, or Urine, or Ordure, or Semen, the
Magiftrate fhall fine him Forty Puns of Cowries.
If a Man of an inferior Caft with fuperior Abilities, or of a fuperior Caft
with inferior Abilities to another, throws upon him, from the Neck upwards,
any Spue, or Urine, or Ordure, or Semen, the Magiftrate fhall fine him Eighty
Puns of Cowries.
If a Man of an equal Caft with fuperior Abilities, or of a fuperior Caft
and equal Abilities with another, throws upon him, from the Neck upwards,
4 C any
( 224. )
any Spue, or Urine, or Ordure, or Semen, the Magi ftr ate mall fine him One
Hundred and Sixty Puns of Cozvries.
Ira Man throws upon a Woman, from the Neck upwards, any Spue, or
Urine, or Ordure, or Semen, the Magiftrate mall fine him One Hundred and
«
Sixry Puns of Cowries,
If a Man of an equal Caft, and of equal Abilities with another, is prepared
to afiault him with a Stone, or with a Piece of Iron or Wood, the Magiftrate
fhall fine him Two Hundred and Fifty Puns of Cowries.
If a Man of an inferior Caft, and of inferior Abilities to another, is pre-
pared to affault him with a Stone, or with a Piece of Iron or Wood, the Ma-
giftrate fhall fine him Seven Hundred and Fifty Puns of Cowries.
If a Man of a fuperior Caft, and fuperior Abilities to another, is prepared
to affault him with a Stone, or with a Piece of Iron or W^ood, the Magiftrate
fhall fine him One Hundred and Twenty-five Puns of Cowries.
If a Man of an inferior Caft with fuperior i^bilities, or of a fuperior Caft
with inferior Abilities to another, is prepared to affault him with a Stone, or
with a Piece of Iron or Wood, the Magiftrate fhall fine him Two Hundred
and Fifty Puns of Cowries.
If a Man of an equal Caft with fuperior Abilities, or of a fuperior Caft and
equal Abilities with another, is prepared to affault him with a Stone, or with a
Piece of Iron orWood, the Magiftrate fhall fine him Five Hundred Puns of
Cowries.
If
( 225 )
If a Man is prepared to afTault a Woman with a Stone, or with a Piece of
Iron or Wood, the Magiftrate fhall fine him Five Hundred Puns of Cowries.
If a Man of an equal Caft, and of equal Abilities with another, fhould flriks*
him with a Stone, or with a Piece of Iron or Wood, the Magiftrate fhall fine
him Five Hundred Puns of Cowries,
If a Man of an inferior Call, and of inferior Abilities to another, fhould
flrike him with a Stone, or with a Piece of Iron or Wood, the Magiftrate fhall.
fine him One Thoufand Five Hundred Puns of Cowries.
If a Man of a fuperior Caft, and of fuperior Abilities to another, fhould
flrike him with a Stone, or with a Piece of Iron or Wood, the Magiftrate mall-
fine him Two Hundred and Fifty Puns of Cowries.
If a Man of an inferior Caft with fuperior Abilities, or of a fuperior Caft with
inferior Abilities to another, fhould flrike him with a Stone, or with a Piece
of Iron orWood, the Magiftrate fhall fine him Five Hundred Puns of Cowries,
If a Man of an equal Caft: with fuperior Abilities, or of a fuperior Caft
and equal Abilities with another, fhould flrike him with a §tone, or with a
Piece of Iron or Wood, the Magiftrate fhall fine him One Thoufand Puns of
Cowries.
If a Man fhould ftrike a Woman with a Stone, or with a Piece of Iron or
Wood, the Magiftrate fhall fine him One Thoufand Puns of Cowries.
If a Man unknowingly fhould caft upon anothcrs Body, any Duft, or Sand,,
or Clay, or Phlegm, or Brick, or Stone, or Iron, or Wood, or any Thing; elfe
of that Kind, or fhouM ftrike him therewith, the Magiftrate fhall not fine him.
If.
( 226 }
If a Man of an equal Caft, and of equal Abilities with another, mould haui
him by the Foot, or by the Hair, or by the Hand, or by the Cloaths. the Ma-
giftrate fhall fine him Ten Puns of Cowries.
If a Man of an inferior Cad, and of inferior Abilities to another, mould
haul him by the Foot, or by trie Hair, or by the Hand, or by the Cloaths, the
Magiftraje (hall fine him Thirty Puns of Cowries.
If a Man of a fupcrior Caft, and of fuperior Abilities to another, mould haul
him by the Foot, or by the Hair, or by the Hand, or by the Cloaths, the Ma-
giftrate fhall fine him Five Puns of Cowries.
If a Man of an inferior Caft with fuperior Abilities, or of a fuperior Caft
and inferior Abilities to another, fnould haul him by the Foot, or by the Hair,
or by the Hand, or by the Cloaths, the Magiftrate fnall fine him Ten Puns of
Cowries.
If a Man of an equal Caft and fuperior Abilities, or of a fuperior Caft and
of eqaal Abilities with another, fhould haul him by the Foot, or by the Hair,
or by the Hand, Or by the Cloaths, the Magiftrate fhall fine him Twenty
Puns of Cowries.
If a Man mould haul a Woman by the Foot, or by the Hair, or by the Hand,
or by the Cloaths, the Magiftrate fhall fine him Twenty Puns of Cowries.
If a Man of an equal Caft, and of equal Abilities with another, fhould fcize
and bind him in aCloth, and fhould fet his Foot upon him, the Magiftrate fhall
fine him One Hundred Puns of Cowries.
I*
( 227 )
If a Man of an inferior Caft, and of inferiorAbilities to another, fhoulcl feize
and bind him in a Cloth, and fhould fet his Foot upon him, the Magiftrate
fhall fine him Three Hundred Puns of Cowries.
If a Man of a fuperior Caft, and of fuperiorAbilities to another, fhould fcize
and bind him in a Cloth, and fhould fet his Foot upon him, the Magiftrate
fhall fine him Fifty Puns of Cowries,
If a Man of an inferior Caft with fuperior Abilities, or of a fuperior Caft
and of inferior Abilities to another, fhould feize and bind him in a Cloth, and
fhould fet his Foot upon him, the Magiftrate fhall fine him One Hundred
Puns of Cowries.
If a Man of an equal Caft and fuperior Abilities, or of a fuperior Caft and
equal Abilities with another, fhould feize and bind him in a Cloth, and fhould
fet his Foot upon him, the Magiftrate fhall fine him Two Hundred Pans of
Ccwi ics.
It a Man fhould feize a Woman, and bind her with a Cloth, and fhould fet
his Foot upon her, the Magiftrate fhall fine him Two Hundred Puns of Cowries.
If a Man of an equal Caft, and of equal Abilities with another, fhould raife
up any ofFenfive Weapon to afTault him therewith, the Magiftrate fliall fine
him Five Hundred Puns of Cowries.
If a Man of an inferior Caft, and of inferiorAbilities to another, fhould raife
up any offenfive Weapon to afTault him therewith, the. Magiftrate fliall fine
him One Thoufand Five Hundred Puns of Cowries.
4D If
( 228 )
Tf a Man of a fuperior Caft, and of fuperior Abilities to another, fhould raik
up any offenfive Weapon to afTault him therewith, the Magiftrate fhall fine
him Two Hundred and Fifty Puns of Cowries.
If a Man of an inferior Caft and of fuperior Abilities, or of a fuperior Caft*
and inferior Abilities to another, mould raife up any offenfive Weapon to af-
fault him therewith, the Magiftrate fhall fine him Five Hundred Puns of Cowries.
If a Man of an equal Caft and fuperior Abilities, or of a fuperior Caft and
equal Abilities with another, mould raife up any offenfive Weapon to afTault
him therewith, the Magiftrate fhall fine him One Thoufand Puns of Cowries.
Tf a Man mould raife up any offenfive Weapon to afTault a Woman there-
with, the Magiftrate fhall fine him One Thoufand Puns of Cowries.
If a Man of an equal Caft, and of equal Abilities with another, fhould ftrike
him with a Weapon, the Magiftrate fliall fine him One Thoufand Puns of Cowries.
If a Man of an inferior Caft, and of inferior Abilities to another, fhould
ftrike him with a Weapon, the Magiftrate fhall fine him Three Thoufand
Puns of Ccwries.
If a Man of a fuperior Caft, and of fuperior Abilities to another, fhould
ftrike him with a Weapon, the Magiftrate fhall fine him Five Hundred Puns
of Cowries'.
If a Man of an inferior Caft and fuperior Abilities, or of a fuperior Caft and
inferior Abilities to another, fhould ftrike him with a Weapon, the Magiftrate
fhall fine him One Thoufand Puns of Cowries.
Is
( 229 }
If a Man of an equal Caft and fuperior Abilities, or of a fuperior Call and
of equal Abilities with another, fhould ftrike him with a Weapon, the Magi-
ftrate fhall fine him Two Thoufand Puns of Cowries.
If a Man mould ftrike a Woman with a Weapon, the Magiftrate fliall fine
him Two Thoufand Puns of Cowries,
If a Man of an equal Caft, and of equal Abilities with another, fhould.
ftrike him with a Weapon, or any Thing elfe, in fuch a Manner, as that no
Blood flows from him, the Magiftrate fhall fine him Thirty Puns of Cowries ;
if a little Blood is fried by the Stroke, the Magiftrate fhall fine him Sixty-four
Puns of Cowries; if the Skin is torn, fo that much Blood flows from thence,
the Magiftrate fhall fine him One Hundred Puns of Cowries ; if both the Skin
and Flefli are torn, and a greater Quantity of Blood is by fuch Means fried,
he fhall fine him Twenty-four Aflorujies; if both the Skin and Flefh are
torn, and a Bone is broken, and Blood fhed, he fhall confifcate all his PofTef-
fions, and banifli him the Kingdom.
If a Man of an inferior Caft, and of inferior Abilities to another, fhould
ftrike him with a Weapon, or any Thing elfe, in fuch a Manner, as that no
Blood flows from him, the Magiftrate fhall fine him Ninety Puns of Cowries-,
if a little Blood is fhed by the Stroke, the Magiftrate fhall fine him One Hun-
dred and Ninety Puns of Cowries; if the Skin is torn, fo that much Blood flows
from thence, he fhall fine him Three Hundred Puns of Cowries; if both the
Skin and Flefh are torn, and a greater Quantity of Blood is by fuch Means fhed,
he fhall fine him Seventy-two AJhrufies; if both the Skin and Flefh are torn,
and a Bone is broken, and Blood fhed, he fhall confifcate all his PofTefTior.s,
and banifli him the Kingdom.
I?
( 230 )
If a Man of a fuperior Caft, and of fuperior Abilities to another, fhould
ftrike him with a Weapon, or any Thing t\fey in fuch a Manner, as that no
Blood flows from him, the Magiftrate fhall fine him Fifteen Puns of Cowries ;
if a little Blood is fhed by the Stroke, he fhall fine him Thirty-two Puns of
Cowries; if the Skin is torn, fo that much Blood flows from thence, he fhall
fine him Fifty Puns of Cowries; if both the Skin and Flefh are torn, and a
greater Quantity of Blood is by fuch Means fried, he fhall fine him Twelve
AJhrufies; if both the Skin and Flefh are torn, and a Bone is broken, and Blood
fhed, the Magiftrate fhall confifcaxe all his PofTefTions, and banifh him the
Kingdom.
■■&'
If a Man of an inferior Caft and of fuperior Abilities, or of a fuperior Caft
and of inferior Abilities to another, fhould ftrike him with a Weapon, or any
Thins elfe, in fuch a Manner, as that no Blood flows from him, the Magiftrate
fhall fine him Thirty Puns of Cowries; if a little Blood is fhed by the Stroke,
heilvdl fine h;m Sixty-four Puns of Cowries; if the Skin is torn, lb that much
Blood flows f.om thence, he fhall fine him One Hundred Puns of Cowries; if
both the Sk'n and Flefh are torn, and a greater Quantity of Blood is by fuch
Means fh?d, he fhall fine him Twenty-four AJhrufies; if both the Skin and
Flelh are torn, and a Bone is broken, and Blood fhed, the Magiftrate fhall
confifcate all his Goods, and banifh him the Kingdom.
Tf a Man of an equal Caft and fuperior Abilities, or of a fuperior Caft
.and equal Abilities with another, fhould ftrike him with a Weapon, or any
Thing elfe, in fuch a Manner, as that no Blood flows from him, the Magiftrate
fhall fine him Sixty Puns of Cowries; if a little Blood is fhed by the Stroke,
he fhall fine him One 1 Hundred and Twenty-eight Puns of Cowries; if the Skin
is torn, lo that much Blood flows from thence, he fhall fine him Two Hun-
tirjd Puns of C caries; if both the Skin and Flefh arc torn, and a greater Quan-
tity
( »y« )
tity of Blood is "by fuch Means fhed, he fhall fine him Forty-eight Afhrufies;
if both the Skin and Flefh are torn, and a Bone is broken, and Blood fhed,
the Magiftrate (hall confifcate all his Goods, and banifh him the Kingdom.
If a Man mould ftrike a Woman with a Weapon, or any Thing elfe, in
fuch a Manner, as that no Blood flows from her, the Magiftrate mail fine
him Sixty Puns of Cowries-, if a little Blood is fhed by the Stroke, he fhall
fine him One Hundred and Twenty-eight Puns of Cowries; if the Skin is torn,
fo that much Blood flows from thence, he fhall fine him Two Hundred Puns
of Cowries; if both the Skin and Flefh are torn, and a greater Quantity of
Blood is by fuch Means fhed, he fhall fine him Forty- eight AJhrujies; if bo:h
the Skin and Flefh are torn, and a Bone is broken, and Blood fhed, the Magi-
ftrate fhall confifcate all his Goods, and banifh him the Kingdom.
If a Man of an equal Caft, and of equal Abilities with another, mould
ftrike him with any Weapon upon the Ear, or upon the Nofe, or upon the
Hand, or upon the Foot, or upon the Lip, or in the Eye, or upon the Tongue,
cr upon the Penis, or upon the Joint of the Knee, the Magiftrate fhall
fine him Five Hundred Puns of Cowries-, if heftrikes upon any of thefe Limbs
above fpecified, in fuch a Manner, as that they are thereby cut off, and fepa-
rated from the Body, the Magiftrate fhall fine him One Thoufand Puns of
Cowries,
If a Man of an inferior Caft, and of inferior Abilities to another, mould
ftrike him with any Weapon upon the Ear, or upon the Nofe, or upon the
Hand, or upon the Foot, or upon the Lip, or in the Eye, or upon the Tongue,
or upon the Penis, or upon the Joint of the Knee, fo that thefe Limbs are not
feparated from the Body, the Magiftrate fhall fine him One Thoufand Five
Hundred Puns of Cowries -, if, by that Stroke, any of thefe Limbs above fpeci-
4 E fied.
( *32 )
fied are cut off, and feparated from the Body, he mall fine him Three Thou-
sand Puns of Cowries.
If a Man of a fuperior Cad, and of fuperior Abilities to another, mould
ftrike l.vn with any Weapon upon the Ear, or upon t\\t Nofe, or upon the
Hand, or upon the Foot, or upon the Lip, or in the Eye, or upon the Tongue,
or upon the Penis, or upon the Joint of the Knee, fo that theie Limbs are not
feparated from the Body, the Magiftrate mall fine him Two Hundred and
Fifty Puns of Cowries -, if, by that Stroke, any of thefe Limbs above Specified
are cut off. and Separated from the Body, he Snail fine him Fiye Hundred Puns
of Cowries.
If a Man of an inferior Call and Superior Abilities, or of a Superior Caft
and inferior Abilities to another, mould Strike him with any Weapon upon
the Ear, or upon the Nofe, or upon the Hand, or upon the Foot, or upon the
Lip, or in the Eye, or upon the Tongue, or upon the Penis, or upon the
Joint of the Knee, fo that thefe Limbs are not Separated from the Body, the
Magiftrate (hall fine him Five Hundred Puns of Cowries-, if, by that Stroke,
any of thefe Limbs above Specified are cutoff, and Separated from the Body,
he mail fine him One Thoufand Puns oS Cowries.
If a Man of an equal Caft and fuperior Abilities, or of a Superior Caft and
equal Abilities with another, mould ftrike him with any Weapon upon the
Ear, or upon the Nofe, or upon the Hand, or upon the Foot, or upon the Lip,
or in the Eye, or upon the Tongue, or upon the Penis, or upon the Joint of
the Knee, fo that thefe Limbs are not feparated from the Body, the Magi-
ftrate mail fine him One ThouSandP/Mw of Cowries-, if, by that Stroke, any of
theSe Limbs above Specified are cut off, and Separated Srom the Body, he mall
fine him Two ThouSand Puns of Cowries.
If
( 233 )
"If a Man fhould ftrike a Woman with any Weapon upon the Ear, or upon
theNofe, or upon the Hand, or upon the Foot, or upon the Lip, or in the
Eye, or upon the Tongue, or upon the Pudendum, or upon the Joint of the
Knee, fo that thefe Limbs are not feparated from the Body, the Magistrate
mail fine him One Thoufand Puns of Cowries ; if, by that Stroke, any of the
I-imbs above fpecified are cut off, and feparated from the Body, he (hall fine
him Two Thoufand Puns of Cowries.
If a Man deprives another of Life, the Magiftrate fhall deprive that Per-
fon of Life-, if a Bramin deprives any Peribn of Life, the Bramirf%\S\fe fhall
not be taken in return, but he (hall be fined One Hundred AJhrufies : A
Bramin fhall not be put to Death upon any Account whatever.
If a Man has put out both the Eyes of any Perfon, the Magiftrate fhall
deprive that Man of both his Eyes, and condemn him to perpetual Imprifon-
ment, and fine him Eight Hundred Puns of Cowries.
If a Man flrikes a. Bramin with, his Hand, the Magiftrate (hall cut off that
Man's Hand; if he flrikes him with his Foot, the Magiftrate fhall cut off
the Foot; in the fame Manner, with whatever Limb he flrikes a Bramin, that
Limb fhall be cut ofF; but if a Sooder flrikes either of the Three Calls of
Bramin, Chehteree, or Bice, with his Hand or Foot, the Magiftrate fliall cut off
fuch Hand or Foot.
If many Perfons have afTaulted a fingle Man, in that Cafe, according to the
Rates of Fines that have been fpecified above,the Magiftrate fhall take Double
of fuch Fine from every Individual.
If a Magiftrate has committed a Crime, and any Peribn, upon Difcovery ox
that Crime, fhould beat and ill-ufe the Magiftrate, in that Cafe, whatever
be
( ^34 )
be the Crime of murdering One Hundred Bramins, fuch Crime Audi be ac-
counted to that Perfon -, and the Magistrate fliall thrufl an Iron Spit through
him, and roaft him at the Fire: If a Bmmin has committed a Crime of this
Kind, One Hundred djhrufies, as before-mentioned, fliall be taken from him,
as a Fine \ but he fliall not be deprived of Life.
If Two Perfons, being of equal Cad, are mutually prepared to ftrike each
other with their Fifts, the Magiflrate fhall fine each of them Ten Puns of
Cowries; if they ftrike each other, the Magiftrate fhall fine each of them
Twenty Puns of Cowries.
If Two Perfons of equal Cad are mutually prepared to kick each other,
the Magiflrate fhall fine each of them Twenty Puns of Cowries; if they kick
each other, he fhall fine each of them Forty Puns of Cowries.
If a Man of an inferior Cafr, proudly affecting an Equality with a Man of
fuperior Call, fhould travel by his Side on the Road, or fit or fleep upon the
fame Carpet with him, the Magiftrate fliall take a Fine from the Man of
inferior Caft, to the Extent of his Abilities.
If a Socder fits upon the Carpet of a Bramin, in that Cafe, the Magiflrate,
having thrufl: a hot Iron into his Buttock, and branded him, fhall banifh him
the Kingdom •, or elfe he fhall cut off his Buttock.
If aSooder, out of Pride, fhould fpit his Phlegm upon a Bramitfs Body, the
Magiftrate fhall cut off his Lip; and if a Sooder piffes upon a Br amines Body,
the Magiftrate fhall cut off his Penis •, and if he fhould evacuate backwards his
Wind upon a Bramins Body, the Magiftrate fhall cut off his Fundament.
U
( 235 )
If a Sooder hath plucked a Bramin by the Hair, or by the Beard, or mould
take hold of &Bramin*s Neck, or Tefticles, the Mag;ftrate lhall cut off both
his Hands.
If a Man hath beaten another, in fuch a Manner, that his Limbs are broken,
or wounded, the Magiftrate mall caufe him to pay to that Man, fuch a Sum of
Money as will defray the entire Expence of the Cure.
Whoever, in any Difpute or Diflurbance, hath committed any Robbery,
or Theft, the Magiftrate (hall caufe him to return to the Owner the Article
•itolen, and fliall fine him in Double the Value thereof.
If a Wife, or a Son, or a Slave, or a Female Slave, or a Pupil, or a Younger
Brother, hath committed a Fault, they may be fcourgcd with a Lafh, or with
a Bamboo Twig, upon any Part of their Body where no dangerous Hurt is
likely to happen •, but if a Perfon fcourges them beyond fuch Limitation, he
fhall fuffer the Punifhmcnt of a Thief.
If a Pupil commits a Fault, his Matter fhall chaftife him with fevere Ex~
preflions, and reprove him with Frowns and Anger, and fay, " If you commit
the fame Fault a Second Time, I will beat you •," and if a Pupil commits a
Fault in the cold Seafon, his Mafter may throw Water upon his Body.
If a Man hath beaten another, and afterwards this Man returns the Beating
upon the Firft, the original, Offender fliall pay a larger Fine, and the other
fhall pay a fmaller Fine.
If a Man fets fire to another Person's Houfe, with Intent to defliroy him,
or caufes that Perfon to take Poifon, or is defirous to murder him with a Sword,
a F or
( »3* )
or carries away that Performs Wife from his Houfe, and keeps her to himfelf,
or plunders all that Perfon's Effects, or his Tillage, in that Cafe, if the latter
deprives the former of Life, he fhall not be amenable j but he mail not kill
either a Cow or a Bramin, fuch as thefe are feparately treated of in the Chapter
of Juftice.
If a Man of inferior Caft fcurriloufly abufes a Man of a fuperior Caft, and
afterwards the fuperior Caft chaftifes the inferior, in that Cafe, the fuperior
Caft (hall not be amenable.
If a Man, out of Malice, having inflicted a Wound upon his ov/n Body,
fhould make complaint againft any other Perfon, in that Cafe, the Magistrate
fhall attend to the Sound of hisVoice, as it comes from his Throat, to find out
the Caufe of the Wound ; as whether, at the Time the Wound was received,
both the Parties were in the fame Place, or in different Places, whether the
Perfon accufed is capable of giving fuch a Wound or no; upon Inveftigation of
this Kind, if the Voice in that Perfon's Throat fhould vary, or if there is the
inftrumental Caufe of the Wound produced, or if both Parties were in One
Place when the Wound was given, or if the wounded Perfon is capable of
chaftifmg theother, in thatCafe, it fhall be proved, that theAccufed hath given
the Wound; if the Caufe cannot thus be fettled, WitnefTes mail be called and
examined, or an Oath, or the Purrikeh, fhall be taken; and upon Difcovery of
the Truth, v/hatever Fine has been above fpecified in fuch Cafes,, the Magif-
trate fhall take fuch a Fine from the Perfon who is convicted.
Whoever murders a Man, if another Perfon gives fuch Murderer an Afy-
lum or Food, or hath furnifhed him with any Weapon for the Commiflion of
inch Murder, the Maeiftrate fhall fine that Perfon One Thousand- Puns. of
Cowri .'.
SECT,
( 237 )
SECT. II.
Of Cafes, where no Fine is taken.
When a Woman is born from a Woman of the Sooder Call, and a Man of
the Chehteree Caft, ilich Woman is called Wokree\ and the Son that is born
from aWoman of the Chehteree Caft, and a Man of the Sooder, is called Kehta\
and the Son that is born from the Woman Wokree, and the Man Kehta, is called
Shepak; if the Shepak mould abufe or aflault any Perfon, that Perfon may
, chaftife him; if of himfelf he is unable to chaftife him, in that Cafe, the Magif-
trate {hall punifh him according to the Fault, and fhall not take a Fine from
him.
A Person born an Eunuch, a Man of the Chendal Caft", or of the Fifher-
man Caft, or of the Hunter Caft, or of the Elephant Driver's Caft, or of the
Gerhejcit Slave (a Slave that is born of the Body of a Female Slave) if
thefe mould aftault or abufe any Perfon, that Perfon may chaftife them; if of
himfelf he is unable to chaftife them, the Magiftrate fhall chaftife them accord-
ing to their Fault, but fhall not take a Fine.
A Brami/fs Son, who hath not afTumed the Brcminical Thread until Fifteen
Years of Age, is called Bernyut; alio a Man of any low Caft, upon touching
whom, the AJhnam (that is Purification by Bathing) muft be performed, alfo
whatever Son is born of a Mother of a fuperior Caft, and a Father of an infe-
rior Caft, if thefe Perfons affault any Man, that Perfon may chaftife chem; if
of himfelf he is unable to chaftife them, the Magiftrate fhall chaftife. them ac-
cording to their Fault, but fhall not. take a Fine.
( 238 )
He who teaches the Goiteree is called Acharige j whoever contradicts the
Words of fuch Acharigexor whoever is conftantly guilty of Deceit and Impo-
fition, or who is guilty of the Crimes of Mhha Patuk, or Atee Patuk, or
any fuch Crimes, if fuch Men as thefe mould affault any Perfon, that Perfon
may chaftife them; if of himfelf he is unable to chaftife them, the Magiitrate
(hall punifh them according to their Fault, but fball not take a Fine from them.
SECT. III.
Of the Fines for the Death of Animals.
If a Man deprives of Life, a Goat, or a Horfe, or a Camel, the Magistrate
mall cut off One Hand and One Foot from him.
If a Man caufes the Tefticles to be cut from any Animal, as a Bull, or a
Horfe, or a Goat, or any fuch Kind of Animal, the Magistrate fhall fine him
Fifty Puns of Cowries.
If a Man kills a Bird of fmall Value, the Magiitrate mall fine him Three
Puns of Cowries \ if it be fomewhat more valuable, he fhall fine him Twelve
Puns of Cowries; and if it be an exceeding fine Bird, the Magiftrate fhall fine
him Fifty Puns of Cowries.
If a Man kills a Fifh, the Magiftrate fhall fine him Ten Puns of Cowries.
If a Man kills an Infect, the Magiftrate mall fine him One Pun of Cowries.
Of
( 239 )
Of wild and Sylvan Animals, fuch as Stags, Shecp,Tigers, Bears, and ftick
Kind of Animals ; if a Man kills One of the lead valuable, the Magiftrate fhaii
fine him Three Puns of 'Cowries ; if it be fome thing better, he fhall take Twelve
Puns of Cowries; if it be One of the molt valuable of thele Animals, in that
Cafe, the Magistrate mall fine him Fifty Pirns of Cowries.
If a Man kills a Serpent, or a Cat, or a Weafd, or a Dog, or a Boar, if it
be not One of the moil prized, the Magiftrate mall fine him Three Puns of
Cowries-, if it be of the bell Species, he fhall fine him Twelve Pirns ot Cowries.
If a Man employs in Ploughing, or any other Work, a Cow big with Calf,
or the Bull called Ocherg, or the Bull called Bcejejhukta, or a very aged and in-
firm Cow (of which feveral Cattle an Account is written in the Chapter of
Cities and Towns) the Magiftrate fhall fine him Fifty Puns of Cowries; and if
he deprives any fuch of Life, he fhall fine him One Thoufand Puns of Cowries.
Whoever gains his Subfiftence by killing Animals, and felling their Flefh,
Skin and Bones, if fuch Perfon kills thefe Animals, the Magiftrate fhall noc
line him ; and exclufive of fuch Perfon, if any other Man kills any Animals,
the Mag-iftrate fhall take from him a Fine, after the Rate above-mentioned.
*&'
If a Man kills a He- Goat, or a Sheep, or a Buffalo, or any other Animal
of this Kind, for a Sacrifice to Bewtah (;'. e.) the Deity, he fhall not be ame-
nable.
If a Man fells the Flefh of Dogs or Jackals, calling it the Flefh of Goats
or Stags, the Magiftrate fhall fine him One Hundred Puns of Cowries; if he is
conftantly guilty of this Practice, the Magiftrate fhall cut off his Hand and
his Nofe, and break his Teeth, and fine him One Thoufand Puns of Cowries.
4 G If
( 240 )
If a Hackery Driver, at the Time of driving the Hackeries, mould fay,
" Let all the People keep on One Side, this is the Road for the Hackeries"
upon this Warning given by the Driver, if any Perfon mould fail to go on
that Side, and, by falling under the Hackery, mould lofe his Life, in that Cafe,
it is no Fault of the Driver j but if the Hackery Driver neglects to give Warn-
ing, and any Perfon mould be killed by falling under the Hackery, in that
Cafe, upon the Man's Death, the Driver mall fuflfer the fame Punifhment as
a Thief: If a Cow, or an Afs, or a Camel, or a Horfe, or a Buffalo, or any
fuch Kind of Animals, mould be killed by falling under a Hackery, the Ma*
giftrate mail take Half the Fine, according to the Rates of Fines for killing
fuch Animals, herein above fpecified; if the Foal of an Elephant, or of a
Horfe, or of a Camel, or of any fuch Kind of Animal be killed, the Magif-
trate mail take a Fine of Two Hundred Puns of Cowries ; if a fine Fawn
or a Bird mould be killed, he mail take a Fine of Fifty Puns of Cowries-, and
if an Afs, or a Goat, or a Sheep, mould be killed, he mail fine him Fiva
Majhehs of Silver-, and if a Dog or a Weafel be killed, he fhall fine him One
Majhejh of Silver,
If the Owner of a Hackery hires an incapable Driver, who is not well ex-
perienced in his Bufinefs, by whofe Want of Skill any Animal, either Man,
or Bead, or Bird, mould lofe its Life, the Magiftrate mail fine the Owner of
the Hackery Two Hundred Puns of Cowries.
If any of thefe Kind of Animals above-mentioned mould be killed, tlie
Magiftrate mail caufe the Perfon who killed them, to give an Animal cf the
fame Kind to the Owner of the Animal deitroyed, and mall take a Fine, ac-
cording to the Rate already above fpecified.
C II A R
( 241 )
CHAP. XVII.
Of Theft.
Se£h I. Of Theft open and concealed.
Sect. II. Of the Fines for open Theft.
Sect. III. Of the Fines for concealed Theft.
Seel:. IV. Of Apprehending Thieves-.
Sect. V. Of thofe Perfons who are to be confidered as Thieves.
Sect. VI. Of the Chckeydars being anfwerable for Stolen Goods.
SECT. L
Of Theft open and concealed.
Theft is, when a Man takes away any Thing without the Sight and Know-
ledge of the Owner of it, or without the Sight and Knowledge of the Perfon
to whom it was intruded, and afterwards fays, " I have not taken fuch
Article-," and this admits of Two Difcinctions, open Thefc, and concealed
Theft. — Open Theft is, when a Man, having weighed and learnt the Weight
of any Article, commits a Theft in that Weight, upon Delivery or the
Article-, as for Inftance,.a G.ldfmith, or an Ironmonger, or a Grocer, or any
fuch Perfon who deals by Wreight; or a Phyfician, who, not giving to a
difeafed Perfon the Phyfick proper for hisDiforder, adminiiters fuch unfuitable
Remedies,
( 242 )
Remedies, as that by them the Sicknefs of the Difeafed becomes more violent,
and who afterwards fays, " This Man is feized with a mod difficult Diibrder,"
and, upon faying this, takes any Thing for his Phyfick; or anyPerfon, who, by
the Chances of the Dice, or by any other Games of the fame unlawful Nature,
takes away a Man's Property; or an Arbitrator, who receives a Bribe from
either Plaintiff or Defendant-, or, in a Cafe, where feveral Perfons have been
jointly employed upon One Bufinefs, if any One of them deceives all the reft,
and appropriates oug'it to himfclf; or if a Perfon fhould fay to another, ** Some
great Misfortune and Calamity is coming upon you, give me fomething, that
I may make Offerings to Dezvtab, to avert his Calamity from you," and after-
wards mould appropriate to himfelf the Article given, inftead of making fuch
Offerings therewith ; or a Man, who, concealing the Fault of any blemifhed
Commodity, fells it for the Price of an unblemifhed Article of the fame Kind;
or when a Man, by giving falfe Witnefs, takes away anothers Property; or a
Man, who, by fhewing Tricks with Conjurors and Jugglers, gets any Thing;
or a Man, who, either by terrifying another, or by cajoling him, contrives to
get any Thing from him : Thefe are called open (or apparent) Thefts. Exclu-
five of thefe, all other Kinds of Theft, fuch as Houfe-Breaking, and other
various Schemes of Robbery, are called concealed Theft : Both thefe Kinds
of Thieves, the Magiftrate fhall apprehend; and, having told to the People
Ehe Fad of the Theft, fhall take a Fine from the Thief, to the Value of what-
ever Goods he hath ftolen. Alfo, whoever affociates with Thieves, or is found
to have about him any Infbruments for piercing through Walls, or other Im-
plements of Robbery, or any Good* that have been ftolen from any Perfon,
ii Perfons fhall be apprehended, convicted of Theft, and the Punifhment of
a Thief without fail be inflicted on them; for, by punifliing Thieves, the
Reputation of the Magiftrate is extended, and the Tranquillity of the King*
dorn fecured.
SECT.
( *4? )
SECT. II.
Of the Fines for open Theft.
If a Man, in weighing any Article, hath by anyMeans with-held One Eighth
of the Whole, the Magiftrate fhall fine him Two Hundred Puns oi Cowries-,
if he hath thus with-held One Ninth, in that Cafe, out of the Two Hundred
Puns of Cowries, One Eighth mall be deducted, and the other Seven Part,
mall be taken as a Fine; if he hath committed aTheft of OneSeventh, he mall
be fined Two Hundred Puns of Cowries, and alio One Eighth of that Sum in
Addition; and if a Man, in computing, or in writing, or in the Price of
any Article, or in any Mode of the fame Kind, commits a Theft of One
Eighth, the Magiftrate fhall fine him according to the aforefaid Rates; if he
is frequently guilty of this Kind of Theft, he fhall cut off the Hair of his
Head ■* and whoever has a Paflion, or ruling Propenfity to fuch Thefts, his
Ear, or his Nofe, or his Hand, or fome fuch Limb fhall be cut off; if a Per-
fon, giving to another any inconfiderable Article, in Exchange for it, by
fome Device or Deceit, procures an Article of Value, or if he takes at a low
Price any Article that mould be prized very high, if, by fuch Device and
Deceit, he hath occafioned to the other a Lofs of One Sixth, the Magiftrate
fhall fine him Two Hundred and Fifty Puns of Cowries', if there is a Lofs of
One Fifth, or of a ftill greater Proportion the Magiftrate fhall fine him Five
Hundred Puns of Cowries.
* Lofs of Caft.
4 H If
( 244 )
If a Man, proffering to fell Grain for Seed, Ihould fell Grain which is nc/;
fit for Seed, the Magiftrate fhall chaftife him, and take a Fine according to
the Offence.
If a Man conceals the Faults of any blemifhed Commodity, or mixes good
and bad Articles together, and fells them all as good, or refits any old Article,
and fells it as new, the Magiftrate fhall caufe him to give Double the Price
of the Purchafe to the Purchafer, and fhall fine him in the original Price of
the Purchafe.
If a Man fhews to another, the Butkarah, or his own Stone Weight, and,
going from the Shop to any other Place, fays, "This Stone is in Weight
One Seer," whereas, in truth, the Stone weighs lefs than One Seer, and
the other Perfon being ignorant of the Deficiency of Weight in the above-
mentioned Stone,, ihould fell any Goods in the Shop of that Man, by
the Weight of that Stone, in that Cafe, the Magiftrate fhall fine that Man
Eight Times the Price of the Commodity fold; and if he is frequently guilty,
of that Crime, the Magiftrate fhall confifcate all his Goods,.
Wholver ufes a Pair of falfe Scales, and adjufts them fraudulently, the
Magiftrate mail fine him One Thoufand Puns of Cowries; whoever tries
Gold and Silver,, if he fays, that, adulterated Gold or Silver is pure and fine,
and gives it to any Man as fuch, or if he fays of pure Gold or Silver, that, it
is adulterated, and takes it as fuch, the Magiftrate fhall fine him One Thoufand
Tuns of Coivris.
If the Magiftrate's Counfellor gives Advice void of Juftice, or gains a Sub-
fiftmce by condantly receiving Bribes, the Magiftrate fhall confifcate all the
PoiTeirions of fuch Pcrfons, and banifh them the Kingdom.
If
( 245 )
If a Phyfician, unfkilled in the Art of Phyfick, caufes any One to take a
Medicine, or, if fkilled in his Profeflion, he gives not to a fick Man the
Remedy proper for his Diforder, in that Cafe, if he hath adminiftered his
Phyfick to a Man of a fuperior Caft, the Magiftrate fliall fine him One Thou-
fand Puns of Cowries •, if lie hath given it to a Man of an inferior Caft, he lhall
fine him Five Hundred Puns of Cowries-.
If a Man, by Device or Deceit, takes any Thing from a Perfon, who can-
not diftinguifli between Good and Evil, the Magiftrate fliall fine him Five
Hundred Puns of Cowries.
If a Man, ignorant of Aftrology, tells the Magiftrate of his own accord,
that, fome Calamity will happen to him, the Magiftrate fliall fine him, accord-
ing to the Extent of his Fortune.
If a Waflierman wears another Man's Cloaths, the Magiftrate fliall fine
him Three Puns -of Cowries.
If a Man fells White Copper, and Tutanague made to counterfeit Silver,
theMagiftrate fliall break the Hand, Nofe, and Teeth of fuch Perfon, and fine
him One Thoufand Pans of Cowries-.
If a Man fells Silver, or any other Article made to counterfeit Gold, the
Magiftrate fliall break his Hand, Nofe and Teeth, and fine him One Thoufand
Puns of Cowries; if he is conftantly guilty of fuch Practices, the Magiftrate
fhull cut him into Pieces with a Razor,
If a Man fells any White Stone made to counterfeit a Jewel, or the Thread
of Cotton made to counterfeit Silk, or common Fuel Wood made to counter-
feit
( H6 )
feit Sandalwood, in felling fuch Counterfeits, whatever Price he has exacted,
greater than the real Value of the Article, the Magiftrate mall take Eight
Times as much from him as a Fine.
If a Man fells Clay made to counterfeit Mufk, or any other Articles, in
felling it, whatever Price he has exacted, greater than the real Value of fuch
Article, the Magiftrate fhall take Eight Times as much from him as a Fine -t
and whatever Price the Purchafer hath given, he fhall receive it back again,
and the Magiftrate fhall return to the Seller the Article fold.
If a Man fells any Article, by a nice Imitation and Counterfeit made to
look like Pearls or Coral, whatever Price he hath received for fuch Article,
the Magiftrate fhall return that Price to the Purchafer, and fhall take Double
of that Sum as a Fine, and the Seller fhall receive back the Article fold.
Gold, which, on being burnt One whole Day and Night, lofes Nothing of
its Weight, is called pure Gold •, when a Man fhews fuch Gold to a Perfon
well fkilled in allaying that Metal, and requires his Opinion of that Gold,
if that Man anfwers, that, the Gold in Queftion is not pure, in that Cafe, the
Magiftrate fhall fine him according to his Means.
If One Hundred Tolecbebs of Silver, upon being melted One whole Day
and Night in the Fire, are but Two Tokcbebs deficient, fuch Silver is called
pure j when a Man fhews fome fuch Silver to a Perfon well fkilled in affay-
ing that Metal, and requires his Opinion of that Silver, if that Perfon anfwers,
that, " The Silver in Queftion is not pure, the Deficiency will be greater than
the cuftomary Two Tokcbehs" in that Cafe, the Magiftrate fhall fine him ac-
cording to his Means.
If
( =47 )
If One Hundred To lechehs of 'Arzeez (Tin) and Lead, upon being melted One
whole Day and Night in the Fire, are but Eight Tolechehs deficient, fuch Arzeez
and Lead are pure; when a Man fhews fome (uch Arzeez and Lead to a Perfon
well fkilled in afiaying thofe Metals, and requires his Opinion thereon, if that
Perfon anfwers, that, "This Arzeez and Lead are not pure, the Deficiency will
be greater than that of the ufual Eight Tolecbebs" in that Cafe, theMagiftrate
fhall fine him according to his Means.
If One Hundred Tolechehs of Copper, upon being melted One whole Day
and Night in the Fire, are Five Tolechehs deficient, or One Hundred Maunds
of Iron, upon being melted One whole Day and Night in the Fire, are Ten
Maunds deficient, and a Man fhews fome fuch Copper and Iron to a Perfon well
fkilled in aflaying thofe Metals, if that Perfon fays, " This Copper and Iron
are not pure," the Magiftrate fhall fine him according to his Means.
If a Man gives to be woven One Hundred Tolechehs Weight of coarfe Cotton
Thread, or of coarfe Silk, upon being finifhed, its Weight fhall be increafed
Ten Tolechehs; if lie gives middlingThread, it fhall be increafed Five Tolechehs ;■
if he gives fine Thread, it fhall be increafed Three Tolechehs; fuch Cloth, if a
Man fhews to a Perfon well fkilled in judging thefe Matters, and that Perfon
fays lefs than the Weight herein above fpecified, the Magiftrate fhall fine him
according to his Means.
4I SECT,
( H% )
SECT. III.
Of the Fines for concealed Theft.
Whoever, by breaking through Walls, hath frequently ftolcn much
Wealth, the Magiftrate fhall caufe the Booty to be returned to the Owners.,
and ihall cut off both the Hands of fuch Perfon, and crucify him.
Whoever, robs on the Plighway, the Magiftrate fhall caule a Rope to be
tied about his Neck, and fhall thus deprive him of Life.
A Thief, who, by plundering in his own Country, fpoils theProvince, the
Magiftrate fhall confifcate his Goods, and crucify him ; if he robs in another
Kingdom, he fhall not confifcate his Poffcflions, but fhall crucify him.
If a Man deals any Man of a fuperior Caft, the Magiftrate fhall bind the
Grafs5«»a(a particular Species of Grafs fo called) round his Body, and burn
him with Fire; if he fteals a Woman of a fuperior Caft, the Magiftrate fhall
caufe him to be ftretched out upon a hot Plate of Iron, and, having bound
the Grafs Beena round his Body, fhall burn him in the Fire.
If a Perfon fteals a Man or Woman of a middling Caft, the Magiftrate fhall
cut off both his Hands and Feet, and caft him out upon a Highway where
Four Roads meet.
If a Perfon fteals a Man of an inferior Caft, the Magiftrate fhall fine him
One Thoufand Puns of Cowries; if he fteals a Woman of an inferior Caft, the
Magiftrate fhall confifcate all his Property.
If
( 249 )
If a Man, in the Time of War, (teals an Elephant or a Horfe, the Magif-
trate fhall deprive him of Life; if it is not in Time of War, he fhall cut off
from him One Hand and One Foot.
If a Man fteals an Elephant or a Horfe excellent in all Refpects, the Magis-
trate fhall cut off his Hand, and Foot, and Buttock, and deprive him of Life.
If a Man fteals an Elephant or a Horfe of fmall Account, the Magiftrate
fhall cut off from him One Hand and One Foot.
If a Man fteals a Camel or a Cow, the Magiftrate fhall cut off from hiai
One Hand and One Foot.
If a Man fteals a Goat or a Sheep, the Magiftrate mall cut off One of his
Hands.
If a Man fteals any fmall Animal, exclufive of the Cat and the Weafel, the
Magiftrate fhall cut off Half his Foot.
■&■
If a Man fteals a greater Quantity thanTen Kcmbehs of Paddee, or Wheat,
or Barley, or fmall Gram, or Doll, or Grain, or Muftard-Seed, or Kunjud, or
any fuch Sorts of Grain, the Magiftrate fhall deprive him of Life.
The Mode of Computation of the Kombeh is this :
Three Holechehs, Two Manjhs and Eight Surcks make One PuZ,
Four Puis -------- One Koodup,
Four Kccdups ------- ---«------. One Perit/t,
Four
( 250 )
Four Pertifis * i - make ------- One Adbuk,
Four Adhuks - ^ - - One Beroon,
Twenty Beroons One Kombeb :
According to the Ordittatims of Kulp-teroo.
Pachejhputtee Mifr fays, that,
Twelve Handfuls make One Koodup,
Four Koodups One Peruft,
Four Perttfts One Adhuk,
Four Adhuks -- One Beroon,
Twenty Beroons One Kombeb,
But, according to the Ordinations of Sewarteb Behtdcharige, it is thus :
Eight Handfuls make - - One Kooncby,
Eight Koonchys One Poojkul,
Four Poojkuls s One Adhuky
Four Adhuks - One Beroon,
Twenty Beroons One Kombeh.
*
*
* This is approved (or cuftomary.)
If a Man fteals a leffer Quantity than Ten Kombehs of Vaddee, or Wheat, or
Barley, or fmall Gram, or Doll, or Grain, or Muftard-Secd, or Kunjud, or any
fuch
f 25' )
fuch Sorts of Grain, in that Cafe, the Magiflrate fhall take, as a Fine from
the Thief, Eleven Times as much as the Quantity flolen, and return the
Article flolen to the Ov/ner.
If a Man deals from another Perfon's Granary as much Paddee, or Wheat,
Or Barley, or fmall &/-<«■»;, or Doll, or Grain, or Muflard-Seed, or Kwijud, or any
fuch Kinds of Grain as may be computed to be a fufficient Burden for One
Man to carry, in that Cafe, the Magiflrate fhall caufe the aforefaid Grain to
be returned to the Owner, and fhall fine the Thief One Hundred Puns of Cowries.
If a Man Reals from his Friend's Granary as much Grain as may be com-
puted a fufficient Burden for One Man to carry, the Magiflrate fhall caufe the
aforefaid Grain to be returned to the Owner, and fhall fine the Thief Fifty
Puns of Cowries.
If a Man fteals Grain that has been reaped, which has not yet been taken
from the Straw, the Magiflrate fhall fine him Five Coins of Gold, and give
back the aforefaid Grain to the Owner.
If a Man hath cultivated, by Shares, the Arable Land of any Perfon, and,
for want of his proper Care and Cuflody, the Crop on that Ground fhould
be flolen, in that Cafe, whatever Share of Produce of that Ground
the Cultivator was to have received, the Magiflrate fhall line him
Ten Times as much, and fhall caufe to be given to the Owner of the Ground
whatever was his proportionate Share; if it be flolen by the Fault of the Cul-
tivator's Servant, he fhall only pay Five Times as much for the Magiflrate's
Fine, but the Servant fhall be held to make good the Fine.
If a Man fteals Camphire, or round Pepper, or Cardamoms, or Nutmegs,
or Cloves, or fuch Kind of Things which are weighed in fmaller Scales, the
Magiflrate fhall caufe the Article flolen to be returned to the Owner, and fhall
4 K fine
( **> )
fine the Thief Ten Times as much-,, if he deals of thefe Things more than the
Value of Ten Rupees, the Magiftrate lliall deptive him of Lite.
If a Man fteals Gold, or Silver, or fine Cloth, to a greater Amount than One
Hundred Rupees, the Magiftrate mall deprive him of Life; if he fteals to a
lefs Amount than One Hundred Rupees, and to a greater Amount than Fifty
Rupees, he fh all cut off his Hand; if he fteals lefs than the Value of Fifty
Rupees, and more than that of Twenty-five Rupees, the Magiftrate fhall fine
him Eleven Times as much; if he fteals to a lefs Value than Twenty-five
Rupees, the Magiftrate fhall chaftife him, and cauie the Article ftolen to be
returned to the Owner.
If a Man fteals Jewels of a confiderable Value, the Magiftrate fhall deprive
him of Life; if they are of fmall Value, he fhall fine him One Thoufan.d
luns of Cowries* and give back the Jewels to the Owner.
If a Man, in the Seafon of cultivating Land, and of fowing Grain, fteals
a Plough, or any other Implement of Hufbandry, the Magiftrate fhall caule
fuch Implement to be returned to the Owner, and fhall fine that Man One
Hundred and E'gktFuns of Cowries*
If a Man fteals ciurreh, that is to fay Sagjk, that is, Greens or Roots,, fuch
as Ginger, or Onions, or Titrb, that is, Radiflies, or any fuch Kind of Things,
the Magiftrate fhall fine him One Hundred. Puns of Cowrie*, and caufe the
Article ilolen to be returned to the Owner.
If a Man fteals Milk, or any Thing that is made of Milk, the Magiftrate
lhail caufe the Thing ftolen to be returned to the Owner, and mull take
Dot .bid of the Value for a Fine.
If
( 253 )
If a Man fteate the Flowers called Mlnfifer, or Kwfm, or fuch Kind of
Flowers as are ufcd in dying Cloths, or the Lutta Tree, or any other Shrub,
the Magiftrate fhall caufe the Article flsolen to be returned to die Owner, and
take Five Coins of Gold as a Fine.
If a Man deals Cane, or Bamboo, or any fuch Wood, which is hollow
within, the Magiftrate fhall caufe the Article ftolen to be returned to the
Owner, and take Double the Value thereof as a Fine.
If a Man deals Thread, or Cotton, or Cow Dung, or Flay, or Water, or
Sugar, or Cane Tckeries (a Tokerie is a Baflket made of Cane, wherein any
Thing may be depofited) or Salt, or Earthen Pots, or Clay, or Sand, or Dull,
or Fifh, or Birds, or bitter Oil, or Meal, or Honey, or Leather, or the Teeth
or the Bones of Animals, or Spirituous Liquor, or Victuals, or Fruit, the
Magiftrate fhall caufe the Article ftolen to be returned to the Owner, and
ihall fine the Thief in Double the Value..
If a Man hath beenguilty of great Theft in. thefe Articles, the Magiftrate
ihall fine him Five Times the Value.
If a Man fleals any Wood which has been prepared for any particular Pur-
pofe, or Stone, or Images of Clay of an excellent Shape, or a Bafket of. Beet
(Beet is a Sort of Grafs which has Prickles on its Back) the Magiftrate fhall
eaufe the Commodity ftolen to be returned to the Owner, and fhall take Five
Times as much for a Fine.
If a Man fteals the Water of a Pool, or of a Bafon, the Magiftrate fhall fine
him Two Hundred and Fifty Pirns of Cowries j and whatever Quantity of
Water he hath ftolen, he mail caufe to be returned to the Owner.
If
( «54 )
If a Man, having ftolen any Thing, affirms, that, he hath not ftolen it. and
the Fact is afterwards proved upon him, the Magiftrate (hall take from him a
Fine of Four Times as much, and caufe the Article ftolen to be reftored to
the Owner.
If a Man fteals One Wheel, or any other Part of the Furniture of a Hackery,
Me Macnftrate, caufmg fuch Article to be returned to the Owner, mall fine
the Thief Forty Puns of Cowries.
If a Man fteals a Chuckreh (or fmaller Sort of Hackery ufed for carrying
Burdens) the Magiftrate mall fine him One Hundred and Eighty Puns of
Cowries.
If a Man fteals the Fire of the Jugg, the Magiftrate fhall fine him One Hun-
c3 red Puns of Cowries.
If a Man fteals the Bucket and Rope that is at the Mouth of a Well, the"
Magiftrate fhall fine him One Majheh of Gold.
If a Man, with Intent to fteal, fhould once open any Thing that is clofed
up, and fhould be caught in the Act, the Magiftrate fhall cut off his Finger;
if he fhould thus open any Thing a Second Time, he fhall cut off his Hand
and Foot; if he opens any Thing the Third Time, he fhall be put to Death.
If a Man, with Intent to fteal, fhould bind up any Thing that is open, and
be caught in the Act, the Magiftrate fhall caufe him to be punifhed as a
Thief.
If a Man fteals any Flowers, or Fruits, or Wood, or Grafs, belonging to
a Bramn} the Magiftrate fhall cut off his Hand.
Ill
( 555 )
In Thefts, where the Magiftrate would put to Death a Man of any other
Caft, if the Offender be a Bramin, he (hall not be put to Death.
If any Bramin, who is a Man of Property, and doth not ftudy the Beids%
fbould commit a Robbery that deferves Death, the Magiftrate fhall not put
him to Death, but he {hall confifcate all his Eftedts, and banifh him from
the Kingdom.
If any Bramin, who is poor, and who ajfo neglects to ftudy the Beids, fhould
commit a Robbery that deferves Death, the Magiftrate fhall faften a Chain to
the Leg of ilich Bramin, and caufe him to become a SJave for Life, and give
him fuch a Subfiftence, as that at all Events his Life may be preferved.
If a learned Bramin, whether rich or poor, commies a Robbery that de*
feryes Death, the Magiftrate fhall confine him in Prifon for Life.
If a Bramin of moderate Capacity, who is neither very learned, nor very
ignorant, comnoits a Robbery that deferves Death, the Magiftrate fhall ftamp
the Mark of the Pudendum Muliebre upon his Forehead with a, hot Iron, and
banifh him from the Kingdom.
If a Bramin of no Capacity, who is not firm in the Principles of his Caft,
commits a Robbery that deferves Death, the Magiftrate fhall put out his
Eyes.
If a Bramin, who every Day performs the Jugg, commits a Robbery that
deferves Death, the Magiftrate fhall cut off the Hair of his Head.
4L
( 256 )
If a Bramitt, not having any Means of Subfiftence, mould at fuch Timt-
fteal merely as much as is necefiary to fupport himfelf, the Magiftrate mall
not take any Fine from him, but ihall caufe him to make the Perajhchut (or
Expiation.)
Exclusive of the Articles above fpecified, if a Perfon fteals any other
Articles, the Magiftrate (ball fine him in the Price of fuch Article, whatever
it may be.
SECT. IV.
Of apprehending Thieves.
If a Man mould find upon any Perfon Irons for breaking into Houfes, or
any other Implements of Robbery, he mall call him a Thief, and apprehend
him.
Ir a Man fees another Perfon in PofTeiiion of Things not fuitable to him, he
mall fufpedt him to be a Thief.
A Man, who has no Income, and whofe Expences are large, fuch Man ihali
be fufpedled for a Thief.
When a Perfon is fufpected to be a Thief, he mall be afked in what Quar-
ter his Habitation is, in what Kingdom, in what Town, in what Place, and oi
what Caft he is, and what his Name is ? upon fuch Queftions, if, in giving his
Anfwer, he mould change Colour, or his Voice mould alter, or he be feized
with
( 257 )'
with a Trembling, and cannot fpeak with Eafe, and fatisfactorily, and prevari-
cates in his Account, and cannot prove his Habitation or his Caft to be
what he affirms, and fpends his Money always in criminal Expenccs, and
holds an Intimacy with bad Men, and all this is proved, he (hall be judged a
Thief j if thefe Signs are not found upon him, he is not a Thief.
From a Place whence any Thing has been ftolen, if they can trace the
Footfteps of the Robbers to the Houfe of any Perfons, or if the Article
ftolen hath by little and little dropped in the Way, and may be traced to
that Perfon's Houfe, or if fuch ftolen Goods be found upon any Perfon, he
fhall be called the Thief, and apprehended accordingly.
If the Footfteps of a Thief may be traced for fome little Diftance, or if the
Article ftolen hath dropped for a little Diftance, and afterwards no farther
Sign can be found, then, whatever Town is near the Place where thefe Signs
have for a little Way extended, the Thief fhall be judged to lurk in that
Town-, if there-are Twvj Towns near that Spot, then the Thief fhall be fuf-
pected to be in either of thofe Towns where there are moft People who are
capable of committing a Robbery, and whoever is taken up on Sufpicion of
the Robbery fhall be obliged to take his Oath, or ftand the Purrikeh (or.
Ordeal.)
If a Bramin, or a Cbehleree, or a Bice> being on a Journey, mould not have
wherewithal to furnifh his Expences upon the Road, and, for that Purpofe, .
fhould take from the Lands of any Stranger Two Plants of Sugar Cane, or,
Two Radilhes, and eat them, in this Cafe, they are not to be taken for.
Robbers-, and fuch Perfons alfo are permitted to take as much as they can
eat of the Fruit of fuch Trees as bear Fruit with BloiToms, and they may,
alfo take and eat the Roots of fuch Trees.
If
( 258 )
If a Man takes Wood from a Stranger's Trees, for the Purpofe of per*
forming the Jugg, he fhall not be reckoned a Thief i and whoever takes
Grafs for an Offering to Cows, fuch Perfon alfo is not a Thijsf.
If a Bramin takes from the Land of a Stranger Wood for the Jugg, or
Flowers, or the Grafs Kofe (which is a particular Species of Grafs) he /hall not
be taken for a Thief.
S E C T. V.
Of thefe Perfons who are to he confidered as Thieves.
If any Perfon, wearing the Braminical Thread, mould receive any Thing
from a Thief, knowing him to be fuch, for instructing him in any Science, fuch
Bramin is to be confidered like a Thief,
If any Perfon fets Fire to any Man's Houfe, with Intent to fteal any Thing
from thence, fuch Perfon is to be confidered as a Thief.
If a Man furniflies Victuals for a Thief, knowing him to be fuch, that
Perfon alio is to be confidered as a Thief.
If a Man furnifhes another with Irons for Houfe- Breaking, and fuch other
Implements for the CommiiTion of Theft, he alfo is to be confidered as a
Thief.
If a Man furnifhes a Place of Abode for a Thief, knowing him to be fuch,
that Man alfo is to be confidered as a Thief.
When
( 259 )
When a Thief has an Intention to ileal any particular Article, if any
Stranger acts in fuch a Manner as to give the Thief an Opportunity of dealing
that Article, he alfo is to be confidered as a Thief.
If any Man gives a Thief Inftruments for the Commiffion of Theft, he
alfo is to be confidered as a Thief.
When a Thief goes to any Diftance to commit a Robbery, if another
Perfon, knowing him to be a Thief, furnifhes him with Provifions for his
Journey, he alfo is to be confidered as a Thief: The Magiftrate fhall fine a
Man, in any One of thcfe Predicaments, One Thoufand Puns of Cowries.
If a Perfon, who is able to apprehend Thieves, upon Difcovery of a Thief,
mould not apprehend him, he alio is to be confidered as a Thief: The
Magiftrate mail inflict upon fuch Perfon Half the Punilhment of a Thief.
He who conceals a flolen Article fhall alfo be confidered as a Thief:
The Magiftrate fhall inflict upon fuch Perfon Half the Punilhment of a
Thief.
He who purchafes a flolen Article, knowing it to be flolen, is alfo to be
confidered as a Thief: The Magiftrate fhall inflict upon fuch Perfon Half
the Punilhment of a Thief.
If a Magiftrate has not fufficient Power to punifh a Thief, and, in that
Cafe, even gives him wherewithal to fubfift, then it is no Fault of the Magif-
trate.
If a Perfon, who has been appointed by the Magiftrate to take care of the
Peace of the Country, does not properly execute his Office, he alfo is to be
4 M confidered
( 26o >
confidered as a Thief: The Magiftrate fhall inflict upon fuch Perfon Half
the Puniiliment of a Thief.
If a Perfon finds any ftolen Commodity in the Hands of any Man upon
the Road, and does not punifh that Perfon to the utmoft of his Power, the
Magiftrate fhall banifh fuch Perfon from the Kingdom.
SECT. VI.
Of the Chokeydars (or Watchmen) making good Stolen Articles*
Whoever are appointed by the Magiftrate, for the Protection of any
City or Town, ihall be held to protect fuch City or Town ; if any Thing
be ftolen in fuch City or Town, and thofe Perfons cannot produce the Thief,
they fhall make good the Article ftolen.
If a Robbery is committed out of a City or Town, the Head Perfon cf
that City or Town fhall make good the Theft ; if the Theft is committed
in the unfrequented Part of the Country, the Magiftrate fhall make it good ;
and afterwards the faid Magiftrate, having by Search detected the Thief,
fhall caufe him to make good the Article ftolen : If the Magiftrate does not
act thus, he is criminal j if he can take the Thief, he fhall deliver him over
to the Owner of the Article ftolen.
If a Man, who hath loft a Number of Articles by Theft, mould find any
One of thofe Articles upon any Perfon, he fhall oblige that Perfon to make
good the whole-, if the Owner of that Article fays, " A great Number of
other Things were ftolen at the fame Time with this," and the other Perfon
lays,
( *** )
i'ays, c< I took Nothing But this One Article," the*i this Perfon fhall either
take his Oath, or (land to the Purrikeh (Ordeal) and if the aforefaid Article
was found in any Place, or was purchafed, then, if he can produce the Perfon
from whom it was purchafed, there is no Claim upon the Perfon accufed.
If the Guards and Watchmen find any ftolen Articles upon a Thief, and
do not know the Owner of thofe Articles, the Magiftrate fliall detain in fafe
Cuftody thofe Goods for One Year ; if, within the Year, the Owner of the
Goods fhould come and prove his Property therein, the Magiftrate fliall give
up the Things to him ; and if there is no Owner, he fhall keep the Goods to
himfclf. .
According to the Ordinations of Pachepputtee Mifi\_
If the Guards and Watchmen find any ftolen Articles upon a Thief, and
do not know the Owner of thofe Articles, the Magiftrate fhall detain the
Goods in fafe Cuftody for One Year-, if, within the Year, the Owner of the
Goods fhould not appear, he fliall give One Quarter Share of the Goods to
Ehe Watchmen, and keep the remaining Three Quarters thereof to himfclf.
According to the Ordinations of Cbendeefar : Approved (or cuftomary )
If a Watchman hath found any ftolen Goods, and a Perfon fhould fay,
4i This Article is my Property," he fhall then inquire of that Perfon, what
Article it was that was ftolen from him, and of what Kind it was, and of what
Size or Quantity, and from what Place, and on what Day it was ftolen ? then,
if that Perfon, according to each Queftion, can give in an Anfwer with Proof,
the Magiftrate fliall give up the Article to him ; if he cannot bring Proof, then,
whatever was the Value of the Thing claimed, the Magiftrate fliall take lb
much from him as a Fine.
C H A PJ
( i6a )
■
CHAP. XVIIL
Of Shcihejh) i. e, Violence (which has Three Dijlin&ions.)
■
i. When a Man by Violence breaks, or throws away, or takes to himfelf
any Fruit, or Flowers, or the White Stone called Pehteek, or any Roots, fuch
as Ginger and Radifhes, and fuch Kind of Things, or a Plough, or any Imple-
ments of Ploughing, and fuchKind of Things of inconfiderable Value, belong-
ing to a Stranger.
2. When a Man throws a Serpent into a Stranger's Houfe, or breaks down
a Stranger's. Wall, or breaks down a Bridge, or tears a Fiag, or by Violence
takes to himfelf, or fpoils,or throws away the Animals, the Victuals and Drink,
or Cloaths of a moderate Value, or any fuch Kind of Things of a moderate
Value, belonging to a Stranger.
3. When a Man by Violence takes to himfelf, or fpoils, or throws away
any Image oiBewtah (i. e.) the Deity, or a Well, or a Bank, or any Grain, or
the Walls of a City, or any valuable Cloaths, or Jewels of a high Price, or
the Effects confecrated to Dewtah^ or the Effects of a Bramin^ or fuch Kind of
valuable Articles, or commits Murder.
If a Man takes to himfelf, or fpoils, or throws away any choice Fruit, or
Flowers, belonging to another Perfon,the Magiftrate (hall caufe him to return
to that Perfon fuch Fruit and Flowers, and mail fine him One Hundred Puns
of
( 263 )
of Cowries % and if he fjiotls or taker, to himfelf any ordinary Fruit or Flower:,
the Magiflrate fhall fine him in Five Times their Value.
If a Man very much injures and breaks the White Stone called Pehi '
belonging to another Perlbn, the Magistrate fh ill caufe him to give to that
Perfon a Stone of the fame Kind, or the Value of it, and (hall fine him Two
Hundred and Fifty Puns of Cowries-, if it is not fo much broken, he (hall take
a fomewhat lefs Fine; if it be broken but a little, he mall take a ftill fmaller
Fine from him.
If a Man dams up the Channel, through which the Water is brought to
fill a Pool, the Magistrate fhall fine him Two Hundred and Fifty Puns of
Cowries, and caufe him to repair the Channel.
If a Man, by Violence, breaks down a Perfon's Houfe, together with the
Wall, the Magiflrate mall caufe him to repair the faid Houfe and Wall, and
fhall fine him Five Hundred Puns of Cowries-, if he breaks down the Wall,
the Magiflrate fhall caufe him to repair the Wall, and fhall fine him Forty
Puns of Cowries-, if he breaks the Wall in fuch a Manner that it be cracked,
the Magiflrate fhall fine him Twenty Puns of Cowries; if he hath acted in fuch
a Manner that the Wall mud foon be broken, he mail fine him Fifteen Puns
of Cowries.
If a Man, by Violence, throws into another Perfon's Houfe a Snake, or
any other Animal of that Kind, whofe Bite or Sting is mortal, the Magiflrate
fhall fine him Five Hundred Puns of Cowries, and make him throw away the
Snake with his own Hand.
If a Perfon, by Violence, throws into another Man's Houfe any Thing that
caufes him a grievous Moleftation, the Magiflrate (hall fine that Perfon One
4 N Hundred
( 264 )
Huncjred Puns of Cowries^ and make him throw away the oftenfive Article
with his own Hand.
If a Man throws a Brier into any Perfon's Houfe, the Magiftrate fhall fine
him Sixteen Puns of Cowries) and make him throw away the Brier with his
own Hand.
If a Man breaks a Bridge, or tears a Flag, the Magiftrate mall fine him
Five Hundred Puns of Cowries, and caufe him to repair the Bridge or the Flag.
If a Man breaks a large Bridge, the Magiftrate mail deprive him of Life.
If a Man, by Violence, breaks or burns a valuable Image of Dewtah, the
Magiftrate fhall fine him One Thoufand Puns of Cowries-, if it be a middling
Image, he fhall fine, him Eight Hundred Puns of Cowries-, if it be an Image of
imall Importance, he fhall fine him Two Hundred and Fifty Puns of Cowries,
If a Man, by Violence, breaks or fpoils a Garden, or a Well, or a Bank of
Land, the Magiftrate fhall fine him Eight Hundred Pms of Cowries,
]t a Man, by Violence, fpoils any Seeds or Grain belonging to another
the Magiftrate mail fine him in proportion to the Offence.
Ira Man fets fire to the Tillage or Plantation of another, or fcts fire to a
Houfe, or to a Granary, or to any uninhabited Spot where there is much Fruit
or Flowrrs the Magiftrate, having bound that Perfon's Body in the Grafs
Rettia (which is a particular Species of Grafs) fhall burn him with Fire.
If a Man breaks down the Walls of a City, or fills up the Ditch that de-
fends the City, the Magiftrate fhail deprive him of Life.
If
( 265 )
If a Man imprifons a Perfon who is innocent, and not worthy of Imprifon-
ment, or if he releafes a Perfon whom it is his Duty to confine, the Magiftrate
fhall fine him One Thoufand Puns of Cowries.
If a Magiftrate, by Violence, forces a Fine from a Man who is guiltlefs,
or confers Favours upon One who is guilty, that Magiftrate fhall pay a dou-
ble Fine.
If feveral Perfons deprive any One living Creature of its Life, the Ma-
giftrate fhall fine the Perfon, by whofe injurious Treatment the Animal was
deprived of Life, a Mulct, in proportion to what has been already ftated as a
Fine for the Death of each particular Animal, and he fhall fine all the reft Half
as much.
If a Man either knowingly or ignorantly fpoils a great Number of Articles
belonging to another, the Magiftrate fhall fine him Double of what has been
fpecified for the Fine upon fpoiling each particular Article.
If a Man ftxikes either his Mother, his Father, or his Spiritual Guide, with.
his Hand, the Magiftrate fhall cut off his Hand-, if with his Foot, he fhall cut
off the Foot-, in the famd Manner, with whatever Limb he aftaults, that Limb
ftiall be cut oft*
Exclusive of the Crimes and Fines above fpecified, if a Man commits a
Crime of the Firft Diftinction of theShcibe/h, the Magiftrate, caufing the Arti-
cle to be made good to the Proprietor, and inquiring into the Degree of the
Guilt,, fhall fine the Offender refpectively from One Hundred to Two Hun-
dred
( 266 )
dred and Fifty Puns of Cczvries; if he commits a Crime of the Second Diftinc-
tion of the Sbahejh, or middling Offences, the Magiftrate, inquiring into the
Degree of the Guilt, fhall fine him from Two Hundred and Fifcy to Five
Hundred Puns of Cowries; if he commits a Crime of the Third Distinction of.
the Shahejh) or word Offences, the Magiftrate, inquiring into his Call and the
Degree of the Guilt, according to the Offence, fhall fine him in Double the
Value of the Article, or fhall fine him equal to the Value of the Article, or
mall fine him One Thoufand Puns of Cowries, or fhall fine him his whole Pro-
perty, or fhall brand him in the Forehead, with a hot Iron, with the Mark of
the Pudendum Muliebre, or fhall banifh him from the Kingdom, or fhall cut "off
his Hand, or his Foot, or fome other Limb, or fhall deprive him of Life.
If a Perfon fhouki be found dead in any Place, and it is not known who
killed him, then the People fhall afk his Son, or whatever other Perfon is in.
his Family, whether or no the Deceafed was at Enmity with any Perfon ; or
whether he had any fevere Diforder; or whether his Wife is of bad Principles
or not ? and alfo with whom the Deceafed went out, and upon what Occafion?
and they (hall alfo, in a friendly Manner, fift the Perfons upon the Spot where
the Deceafed died, by afking, " How did this Perfon die? you mult certainly
know •," then, if the Deceafed was at Enmity with any Perfon, and that Per-
fon be near at hand, it fhall be confidered, whether that Perfon killed him;
and if he had any fevere Diforder, it fhall be confidered, whether he died of
that Diforder j and if his Wife be of bad Principles, then the Sufpicion falls
upon her •, and if the Perfon, with whom he went out upon Bufinefs, be of
bad Character, the Sufpicion falls upon him-, and whatever Article was about
the Deceafed, if that Article be found upon any Perfon, he is to be fufpected ;
and if any Signs be found upon thofeMen whom they queftion, the Magiftrate,
or the Magiftrate's Officers, upon the fame Conjecture, fhall caufe whoever is
taken up either to undergo the Purrikeb (Ordeal) or to take an Oath; if, by
the
( **7 )
the Oath, or by the Purrikeh, any Perfon be found guilty, the Magifirate
(hall put to Death both him and his Accomplices j if he be found innocent,
he mall be releafed.
4O
CHAR
( *&* )
CHAP. XIX.
Of Adultery.
Sect. I. Of the fevcral Species of Adultery.
Sect. II. Of the Fines for the feveral Species of Adultery.
Sed. III. Of the Fines for Adultery.
Seel:. IV. Of Adultery with an unmarried Girl.
Sect. V. Of Thrufting a Finger into the Pudendum of an unmarried Girl.
Seel:. VI. Of Stealing away an unmarried Girl.
Seel. VII. Of Adultery with a Woman of bad Character, or a common
Proftitute.
Seel. VIII. Of the carnal Conjunction of a Man with any Bead.
S E C T. I.
Of the feveral Species of Adultery^ which are of Three Sorts.
Flrft Species is, when, in a Place where there are no other Men, a Perfon,
with Intent to commit Adultery, holds any Converfation with a Woman, and
Winks, and Gallantries, andSmiles pafs on both Sides ; or the Man and Woman
hold Converfation together in the Morning, or in the Evening, or at Night, or
any fuch improper Times; or the Man dallies with the Woman's Cloaths, or
fends a Pimp to her -, or the Man and Woman are together in a Garden, or an
unfrequented
( a69 )
unfrequented Spot, or fuch other fecret Place, and bathe together in the
fame Pool, or other Water j or the Man and Woman meet together in One
vifiting Place : This is called the Firft, or moft trifling Species.
Second Species is, when a Man fends Sandal Wood, or a String of Beads, or
Victuals and Drink, or Cloaths, or Gold, or Jewels to a Woman : This \%
called the Second, or middle Species.
Third Species is, when the Man and Woman Sleep and Dally upon the
fame Carpet, or in fome retired Place kils and embrace, and play with each
others Hair; or when the Man carries the Woman into a retired Place, and
the Woman fays Nothing : This is called the Third, or worft Species of
' Adultery.
S E C T. II.
Of the Fines for the f ever al Species of Adultery.
- Upon the Firft Species, the Magistrate mall take a Fine of Two Hun-
dred and Fifty Puns of Cowries ; upon the Second Species, he mail take a
Fine of Five Hundred Puns of Cowries \ upon the Third Species, he (hall
take a Fine of One Thoufand Puns of Cowries \ from a Man who commits
thefe feveral Species, if he be wealthy, a (till larger Fine fliall be taken.
If a Man of an inferior Caft commits the Firft Species with a Woman
of a iiiperior Caft, with a criminal Intent, the Magiftrate fhall fine him
Eight Hundred Puns of Cowries •, if he commits the Second Species, he fliall
cut
( 270 )
cut off One of his Limbs j if he commits the Third Species, he fhall deprive
him of Life.
If a Man, having at firft begun a trifling Converfation with a Woman,
afterwards increafes and prolongs fuch Converfation, the Magiftrate fhall fine
him Two Hundred and Fifty Pirns of Cowries.
If a Man, without any criminal Intention, holds a Converfation upon
Bufinefs with a Woman no ways related to him, he fliall not be fined.
If a Man commits the feveral Species above defcribed with a common Pro-
ftitute, he fhall not be fined.
If a Man commits the feveral Species above defcribed with a Girl, whofe
Profeffion is Singing and Dancing, in Prefence of the Owner of that Girl,
he fhall not be fined; if he fays any Thing to her fecretly, the Magiftrate
fhall take a fmall Fine from him.
If a Woman, who has a Mailer, goes of her own accord to the Houfe. of
another Perfon, and holds Converfation with him, that Perfon fliall not be
fined.
If a Man hath forbid another to hold any Converfation with a Girl belong-
ing to him, and that Perfon afterwards enters into Difcourfe with that Girl,
the Magiftrate fhall fine that Perfon Two Hundred Puns of Cowries •, and if he
has given his Girl the fame Prohibition, and me afterwards holds any Dif-
courfe with that Perfon, the Magiftrate fhall fine that Girl One Hundred
Puns of Cowries; if he hath given this Prohibition both to the Man and the
Woman, and they afterwards hold Converfation together, the Magiftrate fhall
fine each of them Two Hundred and Fifty Puns of Cowries*
If
( %jj )
If a Man, making himfelf a Mediator, carries Mcfl'ages between a Man
and Woman, and contrives a Meeting for them in a retired Place, I
Magiftrate Ihall take from him Half the tine of an Adulterer.
If a Man furnifhes any Perfon with a Place for the Commiflion of Adultery,
the Magiftrate Ihall take from him Half the Fine of an Adulterer.
If a Perfon, without a criminal Intention, puts on Jewels, and a handfomc
Drefs, and frequents an unmarried Girl, or a Woman who has been married,
the Magiftrate fhall cenfure him 5 if he hath frequented her, with a criminal
Intention, the Magiftrate fhall fine him according to his Abilities.
SECT. III.
Of the Fines for Adultery.
If a Man, by Force, commits Adultery with a Woman of an equal or in-
ferior Call, againft her Confent, the Magiftrate fhall connTcate all his Poflef-
fions, cut off his Penis, and caftrate him, and caufe him to be led round the
City, mounted upon an Afs.
If a Man, by Cunning and Deceit, commits Adultery with a Woman of an
equal or inferior Caft, againft her Confent, the Magiftrate fhall take all his
Poffeflions, brand him in the Forehead with the Mark of the Pudendum Muli-
ebre, and banifh him the Kingdom.
If a Man, by Violence, or by Cunning, or Deceit, or againft the Woman's
Confent, commits Adultery with a Woman of a fuperior Caft, the Magiftrate
fhall deprive him of Life.
4 P If
( 272 )
If a Sootier commits Adultery with a Woman of the Bramin, or Chehteree;
or Bice Caft, who has no Matter, the Magistrate, connMcating all his Poffeflions,,
fhall cut off his Penis and his Tefticles.
If a Sooder commits Adultery with a Woman of the Bramin Caft, who has
a Mafter, by her Confent, the Magiftrate fhall confifcate all his Effects, cut off
his Penis and Tefticles, bind him upon a hot Iron Plate, and burn him with
the Grafs Beena.
If a Sooder commits Adultery with a Woman c-f the Chehteree or Bice Caft,.
who has a Mafter, by her Confent, the Magiftrate fhall confifcate all his Ef-
fects, cut off his Penis and Tefticles, bind his Body with the Grafs Beena, and
burn him.
If a Sooder commits Adultery with a Woman of the Sooder Caft, who has-
a Mafter, by her Confent, the Magiftrate fhall fine him One Thoufand Puns
of Cowries; if the Woman has no Mafter, the Magiftrate fhall fine him Five
Hundred Puns of Cowries.
If a Bice commits Adultery with a Woman of the Bramin Caft, who has no.
Mafter, by her Confent, the Magiftrate fhall confine him One Year in Prifon,
and fine him One Thoufand Puns of Cowries; if the Woman has a Mafter, the
Magiftrate fhall bind him upon a hot Iron Plate, wind the Grafs Beena round
his Body, and burn him, or burn him with the Grafs Kofe,
If a Bice commits Adultery with a Woman of the Chehteree Caft, who has
no Mafter, by her Confent, the Magiftrate fhall fine him One Thoufand Puns
of Cowries-, if the Woman has a Mafter, the Magiftrate fhall deprive him of
Life.
If
( *73 )
If a Cbehteree commits Adultery with a Woman of the Bramin Cafl, who
has no Matter, by her Confent, the Magiftrate fliall fine him One Thoufar.u
Puns of Cowries; if the Woman has a Mafter, the Magiftrate fhall bind him
upon a hot Iron Plate, wind the Grafs Beena round his Body, and burn him ;
or burn him only with the Grafs Ser.
If zChehteree commits Adultery with a Woman of the Chehteree Cafl, who.
has a Mafter, by her Confent, the Magiftrate fliall fine him One Thouiand
Puns of Cowries; if the Woman has no Mafter, the Magiftrate fhall fine him
Five Hundred Puns of Cczvries, or fhave off the Hair of his Head with the
Urine of an Afs.
Ie a Chehteree commits Adultery with a Woman of the Bice or Socder Caft,
who has a Mafter, by her Confent, the Magiftrate fhall fine him One Thou-
sand Puns of Cowries; if the Woman has no Mafter, the Magiftrate fliall fine
him Five Hundred Puns of Cowries.
Iv a Bramin commits Adultery with a Woman of the Braynin, the Cbeh
Bke, or Svodtr Caft, who has a Mafter, by her Confent, the Magiftrate fhall
fine him One Thoufand Puns of Cowries; if the Woman has no Mafter, he
ihall fine the Bramin Five Hundred Puns of 'Cowries.
If a Man commits Adultery with any of his Father's Wives, exclufive of
his own Mother, or with his Mother's Sifter, or with the Wife of his Maternal
Uncle (i. e.) his Mother's Brother, or with Ins Father's Sifter, or with his
Paternal Uncle's Wife, or with his Friend's Wife, or with his Pupil's Wife,
or with his Sifter, or with his Son's WTife, or with his Daughter, or with the
Wife of the Perfon who teaches him the Gciteree, or with the Wife of any Per-
son defended from the fame Grandfather with himfelf, who has thrown her-
( 274 )
felf under his Protection, or with the Magiftrate's Wife, or with a Woman of
good Principles, or with any Woman who is employed in the Worfhip of
God, or with a Woman of a fuperior Caft, or with the Wife of any Perfon
defcended from the fame Grandfather with himfclf, who was his Nurfe, the
Magiftrate mall cut off that Perfon's Penis, and deprive him of Life j and if
the Woman herfelf gave her Confent, the Magiftrate fhall cut off her Puden-
dum, and deprive her of Life,
In Cafes of Adultery, when Men of other Cafts are to be deprived of Life,
a Bramin guilty thereof fhall not be deprived of Life, but the Hair of his
Head mall be cut off-, if he frequently commits the fame Crime, the Hair of
his Head fhall be cutoff, and he (hall be banifhed from the Kingdom.
If a Man of the Chehteree or Bice Caft commits Adultery with a Woman
of the Cbendal Caft, or Wafher's Caft, or any fuch mean Tribe, the Magiftrate
fhall brand him in the Forehead with the Figure of a Man without a Head,
and banifh him the Kingdom.
If a Bramin commits Adultery with a Woman of the Chendal Caft, or
Wafhcr's Caft, or any fuch mean Tribe, the Magiftrate fhall fine him One
Thoufand Puns of Cowries, brand him in the Forehead with the Figure of a
Man without a Head, and banifh him from his Country.
If a Sooder commits Adultery with a Woman of the Chendal Cab, or Warner's
Caft, or any fuch mean Tribe, the Magiftrate fhall ftamp on his Forehead
the Figure of a Man without a Head, and deprive him of Life.
If the Wife of a Bramin, by her own Confent, commits Adultery with a
Chehteree or Bice, the Magiftrate fhall cut off the Hair of her Head, anoint
her
( 275 )
her Body with Gbee> and caufe her to be led through the whole City naked,
and riding upon an Afs, and cafl: her out on the North Side of the City.
If the Wife of a Bramin, by her own Confent, commits Adultery with a
Scoder, the Magiftrate mail cut off the Hair of her Head, anoint her Body with
Ghee, and caufe her to be led through the whole City naked, and riding upon
an Afs, and cad her out on the North Side of the City, or cauie her to be
eaten by Dogs.
If a Man of inferior Cafl: commits Adultery with a Woman of fuperior
Cad, the Magillrate fliall burn the Woman with Faggots.
If a Man commits Adultery with a Woman of inferior Call, either by
Force or with her Confent, the Woman, in that Cafe, (hall not be liable to
Punifhment, but me (hall perform the Perajhchut (Expiation.)
If a Man, by Force, commits Adultery with a Woman of an equal Cafl,
who has a Matter, the Hufband of that Woman fhall hold her infamous, and
fhall not have any Connexion with her, until (he (hall have performed the Pe-
raflochut^ but fliall give her fuch Victuals as may be ncceflary to fupport Life;
but if the Man committed Adultery with the Woman, by her Confent, even
in that Cafe, the Woman fhall not be liable to Punifhment, but fhall perform
the Perajhchut.
If a Woman goes of her own accord to a Man, and inveigles him to have
criminal Commerce with her, the Magiftrate fhall cut off that Woman's Ears,
Lips, and Nofe, mount her upon an Afs, and drown her, or caufe her to be
eaten by Dogs.
4 0. If
{ 276 )
If a Woman, who has a Mailer, is guilty of any Crime, the Magiftrate mail
inflict fomc Punifhment upon herielf, exclufive of taking a pecuniary Fine ;
Upon any Crime, where a Fine is to be levied, the Magiftrate fhall levy it from
the Mafter of the Woman ; if the Mafbr of the Woman be abfent on a Jour-
ney, fhe mall be confined in Prifon until his Return j and upon the Mailer's
Arrival, the Fine fhall be exacted from him.
If a \Voman, of her own accord, goes to a Man for a criminal Purpofe,
and the Man commits Adultery with her, the Magiftrate mail fine that Man
Half the Mulct fettled for an Adulterer.
If the Wife of a Man born a Eunuch, or of a Man altogether impotent, or
a Woman deferted by her Hufband, mould go to any Man for a criminal Pur-
pofe, and that Man commits Adultery with fuch Woman, he is not liable to
Punifhment.
S E C T. IV.
Of Adultery with an Unmarried Girh
If a Man, by Violence, commits Adultery with an unmarried Girl of an
equal Caft with himfelf, the Magiftrate fhall deprive him. of Life ; if it was
with her Confent, he may marry her.
If a Man, either by Violence or with her Confent, commits Adultery with
an unmarried Girl of a fuperior Caft> the Magiftrate fhall put him to Death.
I?
( 277 )
If a Man commits Adultery with an unmarried Girl of' inferior Caft, by
her Confent, he fhall not be deemed guilty j if it was done by Violence, the
Magiftrate (hall take a fmall Fine from him.
If a Man commits Adultery with an unmarried Girl of an equal Cdt
with himfelf, having her own Confent, and that of her Father and Mother,
then that Man fhall give to the Father of the Girl fome Money, and to the
Girl herfelf thofe Prefents which conftkute a Woman's Property, and fhall
marry her.
SECT. V.
OfThruJiing a Finger into the Pudendum of an Unmarried
Girl.
If a Man, by Force, thrufts his Finger into the Pudendum of an unmarried
Girl of an equal Caft with himfelf, the Magiftrate (hall cut off Two of his
Fingers, and fine him Six Hundred Puns of Cowries.
*#* According to the Ordinations of Chendeefur and Parreejaut : Ap-
proved (or cuftomary.) Hurree Hur fpeaks to this ErTe<5t,That, theMeafure
of Two Fingers fhall be cut off from his Penis, and a Fine of Six Hundred
Puns of Cowries be taken from him.
If a Man thrufts his Finger into the Pudendum of an unmarried Girl of an
inferior Caft, by her own Confent, he fhall not be liable to Punifhment j if it
was done by Violence, the Magiftrate fhall take a fmall Fine from him,
If
( 278 )
If a Man thrufts his Finger into the Pudendum of an unmarried Girl of an
equal Call with himfelf, by her Confent, the Magiftrate fhall fine him Two
Hundred Puns of Cowries.
If a Man, either by Violence or by Permifiion, thrufts his Finger into the
Pudendum of an unmarried Girl of a fuperior Caft, the Magiftrate fhall con-
nYcate all his Pofiefiions, and put him to Death.
If one unmarried Girl, by thrufting her Finger into the Pudendum of
another unmarried Girl, mould make a PalTage, the Magiftrate fhall fine her
Two Hundred Puns of Cowries^ and give her Ten Lafhes with a Whip.
If a married Woman, by thrufting her Finger into the Pudendum of an
unmarried Girl, mould make a PafTage, the Magiftrate fhall cut off the Hair
of that Woman's Head; and if fhe thus thruft her Finger a Second Time, he
fhall cut oft" Two of her Fingers, and caufe her to be expofed through the
whole City, mounted on an Afs.
SECT. VI.
Of Stealing away an Unmarried Girl,
When a Girl is related to any Man, if that Man, being of an equal Caft
with her, either by Violence or with her Confent, fteals her away to commit
Adultery with her, the Magiftrate fhall fine him One Thoufand Puns of
Cowries; if the Girl was not related to him, the Magiftrate fhall fine him Two
Hundred and Fifty Puns of Cowries,
If
( 279 )
If a Man deals away a Girl of a fuperior Caft to commit Adultery with
her, the Magiftrate fhall put him to Death.
If a Man fteals away a Girl of an inferior Caft, by her own Confent, to
commit Adultery with her, he fhall not be liable to Punifhment; if it was
done by Violence, the Magiftrate fhall take a fmall Fine from him.
SECT. VII.
Of Committing Adultery with a Woman of bad Character,
or with a common Profiitute.
If a Man commits Adultery with a Woman of equal Caft with himfelf,
who has before been unchafte, the Magiftrate (hall fine him Five Coins of
Gold.
If a Man commits Adultery with a Woman of bad Character of an inferior
Caft, the Magiftrate fhall fine him Twelve Puns of Cowries.
If a Woman of bad Character (except the Wife of a Br ami n) who has no
Mafter, of her own accord goes to a Man for a criminal Purpofe, that Man,
after having given Information to the Magiftrate, may have carnal Knowledge
of her ; in fuch Adultery, he is not liable to Punifliment.
If a Man commits Adultery with a Slave Girl, or with any Woman whofe
Mafter hath ejected her, by her own Confent, then, upon informing the Ma-
giftrate, he may commit Adultery with her; and if any Perfon furnifhes a
Woman of this Stamp with Food and Cloaths, and takes her for Concubi-
4 R nage,
( 28o )
nage, and any other Perfon commits Adultery with that Woman, the Magif-
trate mail fine him Fifty Puns of Cowries.
If a Man, by Violence, commits Adultery with his own Slave Girl, the
Magiftrate Ihall fine him Ten Puns of Cowries.
If, without her own Confent, feveral Perfons commit Adultery with, a Slave
Girl, the Magiftrate mall fine each Individual of them Twenty-four Puns of
Cowries.
If a Bramin commits Adultery with a common Proflitute, the Magiftrate
lhall fine the Bramin Fifty Puns of Cowries j if a Chehteree or Bice commit
the fame Crime, then whatever Gratuity was given to the Proftitute, the
fame Sum fhall be taken as a Fine; if it be a Sooder, he fhall pay a Fine of
Ten Puns of Cowries.
If any Perfon commits Adultery with a Woman who has been enjoyed by
a great Number of Perfons, the Magiftrate lhall fine him the fame as for
committing Adultery with a Proftitute.
SECT. VIII.
Of the carnal Conjunction of a Man with any Beaji.
If a Bramin mould copulate with a Cow, the Magiftrate fhall fine him
Eighty Gold Coins; if he be a Chehteree, or a Bice, he lhall fine him Five
Hundred Puns of Cowries •> if it be a Sooder,. he lhall put him to Death.
( 28i )
If a Man copulates with the Female of any Species of Animal (exclufive
of Cows) the Magiftrate mail fine him Five Hundred Puns of Cowries: Accord-
ing to the Ordinations of Pachejhputtee Mifr: Approved (or cuftomary.) Cbendctjut
fays, the Fine fhall be One Hundred and Ten Puns of Cowries.
In fuch Cafes as have no Fines fpecified for them in the Chapter of Adul-
tery, the Magiftrate fhall confider the Caft of the Criminal, and the Degree of
the Crime, and proportion the Fine accordingly.
When a Kingdom is preferred free from Thieves, from Adulterers, from.
Murderers, and from all Men of fuch evil Principles, the Magiitrate of the
Kingdom goes to Paradife; and if the Magiftrate always brings fuch Perfons
to Punifliment, he then alfo goes to Paradife, and his Kingdom is doubled,,
and his Reputation is increafed.
CHAP,
( 282 )
CHAP. XX.
Of what concerns Women.
A Man, both Day and Night, muft keep his W;fe fo much in Subjection,
that me by no Means be Miftrefs of her own Actions : If the Wife have her
own Free-Will, notwithftanding me be fprung from a fuperior Call, me will
yet behave amifs.
So long as a Woman remains unmarried, her Father fhall take care of her j
and fo long as a Wife remains young, her Hufband (hall take care of her ;
and in her old Age, her Son mail take care of her •, and if, before aWoman's
Marriage, her Father mould die, the Brother, or Brother's Son, or fuch other
near Relations of the Father (hall take care of her •, if, after Marriage, her
Hufband mould die, and the Wife has not brought forth a Son, the Brothers,
and Brothers Sons, and fuch other near Relations of her Hufband mail take
care of her : If there are no Brothers, Brothers Sons, or fuch other near Re-
lations of her Hufband, the Brothers, or Sons of the Brothers of her Father
fhall take care of her : If there are none of thofe, the Magiftrate fhall take
care of her; and in every Stage of Life, if the Perfons who have been allotted
to take care of a Woman do not take care of her, each in his refpective Stage
accordingly, the Magiftrate fhall fine them.
If a Hufband be abject: and weak, he fhall neverthelefs endeavour to guard
his Wife with Caution, that fhe may not be unchafte, and learn bad Habits.
If
( 283 )
If a Man, by Confinement and Threats, cannot guard his Wife, he dull
give her a large Sum of Money, and make her Miftrefs of her Income and
Expences, and appoint her todrefs Victuals for the Dewtah (i. e.) the Deity.
A Woman is never fatisfied with the Copulation of Man, no more than
Fire is fatisfied with burning Fuel, or the main Ocean with receiving the
Rivers, or the Empire of Death with the dying of Men and Animals -, in this
Cafe therefore, a Woman is not to be relied on.
Women have Six Qualities ; the Firft, an inordinate Defire for Jewels and
fine Furniture, handfome Cloaths, and nice Victuals-, the Second, immoderate
Luftj the Third, violent Anger-, the Fourth, deep Refentment (i. e.) no Per-
fon knows the Sentiments concealed in their Heart-, the Fifth, another Perlbn's
Good appears Evil in their Eyes-, the Sixth, they commit bad Actions.
If a Woman is pregnant, they muft give her the Sadbeb (the SMbeh is, to
.give a pregnant Woman, in the Ninth Month, Rice, Milk, and Sweetmeats,
and other Eatables of the fame Kind for her to eat, and to drefs her in hand-
fome Cloaths.
If a Hufband is going a Journey, he muft give his Wife enough to furnifh
her with Victuals and Cloaths, until the promifed Period of his Return; if he
goes without leaving fuch Provifion, and his Wife is reduced to great Necef-
fity for want of Victuals and Cloaths, then, if the Wife be naturally well
principled, me yet becomes unchafte, for want of Victuals and Cloaths.
In every Family where there is a good Underftanding between the Hufband
and Wife, and where the Wife is not unchafte, and the Hufband alfo commit1
no bad Practices, it is an excellent Example.
4 S Thp
( 2»4 )
The Creator formed Woman for this Purpofe, jojfe. That Man might co^
puhte with her, and that Children might be born from thence,
A Woman, who always acts according to her Hufband's Pleafure, and
{peaks no 111 of any Perfon, and who can herfelf do all filch Things as are
proper for a Woman, and who is of good Principles, and who produces a Son,
and who rifes from Sleep before her Hufband, fuch a Woman is found Qplg
by much and many religious Works, and by a peculiarly happy Deftiny,
fuch a Woman, if any Man forfakes of his own accord, the Magiftrate (hall
inflict upon that Man the Punifhment of a Thief.
A Woman, who always abufes her Hufband, mail be treated with good
Advice, for the Space of One Year •, if fhe does not amend with One Year's
Advice, and does not leave off abufing her Hufband, he ihall no longer hold
any Communication with her, nor keep her any longer near him, but lhall
provide her with Food and Cloaths.
A Woman, who diiiipates or fpoils her own Property, or who procures
Abortion, or who has an Intention to murder her Hufband, and is always
quarrelling with every Body, and who eats before her Hufband eats, fuch
Woman mail be turned out of the Houfe.
A Husband, at his own Pleafure, fhall ceafe to copulate with his Wife
who is barren, or who always brings forth Daughters.
If a Woman, after her monthly Courfes, while her Hufband continues
in the Houfe, conceiving her Hufband to be a weak, low, and contemptible
Object, goes no more to him, the Hufband, informing People of this, fhall
turn her out of his Houfe,
If
( *85 )
If a Woman, following her own Inclination, goes whitherfoever fhe choofes,
and does not regard the Words of her Matter, fuch a Woman alio fhall be
turned away.
A Woman, who is of a good Difpofuion, and who puts on her Jewels and
Cloaths with Decorum, and is of good Principles, whenever the Hufband
is cheerful, the Wife alfo is cheerful, and if the Hufband is forrowful, the
Wife alfo is forrowful, and whenever the Hufband undertakes a Journey,
the Wife puts on a carelefs Drefs, and lays afide her Jewels and other Orna-
ments, and abufes no Perfon, and will not expend a fingle Dim without her
Hufband's Confent, and has a Son, and takes proper Care of the Houfhold
Goods, and, at the Times of Worfhip, performs her Worfhip to the Deity in
a proper Manner, and goes not out of the Houfe, and is not unchafte, and
makes no Quarrels or Difturbances, and has no greedy Paflions, and is always
employed in lbme good Work, and pays a proper Refpect to all i'eribns, fuch is
a good Woman.
•" A Woman fh ill never go out cf the Houfe without the Confent of her
Hufband, and fhali always have fome deaths upon her Bofom, and at Fefti-
val Times mail put on her choiceft Drefs and her Jewels, andfhall never hold
Difcourle with a Arrange Man ; bin may converfe with a Sinafee, a Hermir,
or an old Man ; and mall always drefs in Cloaths that reach from below the
Leg to above the Navel ; and fhall not fufFer her Breafb- to appear cut of her
Cloaths •, and fhall not laugh, without drawing her Veil before her Face ; and
fhall aft according to the Orders of her Hufband 5 and fhall pay a proper
Refpett to the Deity, her Hufband's Father, the Spiritual Guide, and the
Guefts ; and fhall not ear until fhe has fcrved them with Victuals (if it is
Phyfick, fhe may take it before they eat) a Woman aho fhall never go to a
Stranger's Houfe, and fhall not ftand at the Door, and muft never look out
of a YV indow.
Six
( 286 )
Six Thing* are difgraceful to a Woman: ift. To drink W inc a*hd eat
Caofervcs, or any fuch inebriating Things. 2d. To keep company with a
Man of bad Principles. 3d. To remain feparate from her Hufband. 4th. To
go to a Stranger's Houfe without good Caufe. 5th. To deep in the Day-
Time. 6th. To remain in a Stranger's Houfe.
When a Woman, whofe Hufband is abfent on a Journey, has expended
all the Money that he gave her, to fupport her in Victuals and Cloaths
during his Abfence, or if her Hufband went on a Journey without leaving
any Thing with her to fupport her Expences, me fhall fupport herfelf by-
Painting, by Spinning, or fome other fuch Employment.
If a Man goes on a Journey, his Wife fhall not divert herfelf by Play, nor
fhall fee any publick Show, nor fhall laugh, nor fhall drefs herfelf in Jewels
and fine Cloaths, nor fhall fee Dancing, nor hear Mufick, nor fhall fit in the
Window, nor fhall ride out, nor fhall behold any Thing choice and rare}
but fnall fatten well the Houfe-Door, and remain private •, and fhall not eat
any dainty Victuals, and fhall not blacken her Eyes with Eye-Powder, and
fhall not view her Face in a Mirror ; fhe fhall never exercife herfelf in any
fuch agreeable Employment, during the Abfence of her Hufband.
It is proper for a Woman, after her Hufband's Death, to burn herfelf in
the Fire with his Corpfe; every Woman, who thus burns herfelf, fhall remain
in Paradife with her Hufband Three Crore and Fifty Lacks of Years, by
Defliny -3 if fhe cannot burn, fhe muft, in that Cafe, preferve an inviolable
Chaftity-, if fhe remains always chafte, fhe goes to Paradife; and if fhe does
not preferve her Chaftity, fhe goes to Hell.
CHAP.
( >*7 )
CHAP. XXL
Of Sundry Articles*
Sea. I. Of Gaming.
Sed. II. Of Finding any Thing that was loft (which is called Nccdce.)
Sect. III. Of the Fines for cutting Trees.
Sect. IV. Of the Tax upon Buying and Selling Goods.
Sect. V. Of the Quarrels between a Father and Son.
Sect. VI. Of Serving unclean Victuals.
Sect. VII. Of the Puniihment to be inflicted on a Socdcr for reading the Beids.
Sect. VIII. Of the Properties of Punifhment, and of Puniihing.
Sect. IX. Of Adoption.
Seft. X. Of Sundries.
SECT. I.
Of Gaming,
Gaming is of Two Sorts; the Firft Cboperbazeet a Game played withThree
long Dice, Chefs or Tables, and Dice, and fuch other Kind of Games, which
are called Dote-, the Second is, when Perfons caufe Elephants to fight with
Elephants, Bulls with Bulls, Cocks with Cocks, Nightingales with Nightin-
4 T gales,
( 288 )
gales, or any otherAnimals in the fameManner ^ the Name of this Is SbemMee:.
Thefe Two Sorts of Gaming, with a conditional Wager of Stipulation, are not
allowed to any Perfons, even in Jed.
If any Man, either openly or in fecret, plays with another at either of thefe
Two Sorts of Gaming above fpecified, upon a ftipulated Wager, the Magiftrate
mall fine that Man in any Sum that he choofes, and fhall chaftife him.
If any Man has a Propensity to either of thefe Two Sorts of Gaming, irk
that Cafe, he fhall play before the Magiftrate, or fhall caufe a Man belonging
to the Magiftrate to fit there while he plays; in thefe Two Cafes, whoever is
the Lofer fhall pay the Money which was the Condition of the Game.
If any Man, without Leave of the Magiftrate, fhould play for a ftipulated
Wager, in that Cafe, the Conqueror in the Game fhall not receive the Money
played for, but the Magiftrate fhall fine both Parties.
When a Game is to be played for a Wager, it fhall be played in Prefence of
a Number of People.
When a Man, having gamed with another for a Wager, receives the Money
played for, he fhall give that Money to the Magistrate's Officer; the Magif-
trate's Officer fhall divide that Money, and give Half thereof to that Perfon,
and Half to the Magiftrate.
If a Man to procure himfelf to be Winner in a Game, cither by numbering
the Squares of the Chefs-Table, or by numbering the Cowries of the Game, or
by any other Method, is guilty of Artifice and collufive Practice, the Magif-
trate fhall fine him according to his Abilities.
Whoever.
f 289 )
Whoever plays without any flipulated Condition or Wager mail not re-
ceive any Money upon the Game.
If a Man plays at thefeTwo Sorts of Games with Deceit and Fraud, the
Magiflrate fhall cut off Two of his Fingers.
Tf a Man, having played at any Game for a Stake, and, upon winning,
having received the Money, doth not give to the Magiflrate the Share that La
appointed him, then the Magiflrate fhall fine him.
SECT. II.
Of Ft ?i ding any Thing that was loft (which is called Needee.)
If a Man, having loft any Thing for a long Space of Time, fo that he hath
no Hopes of finding it, fhould then recover it, he fhall inform the Magiflrate
thereof; whereupon, if that Man be an ignorant and unfcientifick Pcrfon, the
Magiflrate fhall take to himfelf One Sixth Share of the Whole, and give the
Five Sixths to the faid Perfon ; if he is a Man of Science, the Magiflrate fhall
keep to himfelf One Half, and return him the refl.
If a Bramin, having for a long Space of Time lofl any Thing, fo that he
hath no Hopes of finding it, fhould afterwards recover it, he fhall inform the
Magiflrate thereof, but the Magiflrate fhall not take any Thing from him.
If a learned Bramin^ who regulates all his Actions conformably to tl
fhould find any Thing, the Property of a Stranger, which has been loft, i
of which the Proprietor is not known, he fhall inform the I
.
( 2go )
' igiftrate Hull not deduct any Thing from that Article, but it mall go entire
to the Bramin,
If an unlearned Bramin fliould find any Thing, the Property of a Stranger,
which has been loft, and of which the Proprietor is not known, he mail in-
form the Magiftrate, who lhall take to himfelf One Sixth Share of the Whole,
and give the remaining Five Sixths to the Bramin.
If a Chchleree fliould find any Thing, the Property of another, which has
.been loft, and of which the Proprietor is not known, he lhall divide it into
Four Shares •, One Fourth he fhall give to the Magiftrate, One Fourth to the
Bramins, and keep the remaining Two Fourths to himfelf.
If a Bice mould find any Thing, the Property of another, that has been loft,
and of which the Proprietor is not known, he then mail give One Flalf thereof
to the Bramins, and out of the Remainder he fhall give One Moiety to the
Magiftrate, and keep the other Moiety to himfelf.
If a Seeder fhould find any Thing, the Property of another, which hath been
loft, and of which the Proprietor is not known, then, having divided it into
Twelve Parts, he fhall give Five Twelfths thereof to the Magiftrate, and Five
Twelfths to the Bramins, and keep the remaining Two Twelfths to himfelf.
If a Man, having found any Thing that was loft, cither a Stranger's Pro-
perty or his own, fliould negle£b to inform the Magiftrate, he fhall receive
.the fame Punifhment as a Thief.
If the Magiftrate finds any Thing that was loft, the Proprietor of which is
not known, in that Cafe, he mall give One Half thereof to the Bramins0 and
ihall take One Half to himfelf.
SECT.
f *9* )
SEC T. III.
Of the Fines for cutting Trees*
If any Perfon cuts the Branches of a Male Banyan Tree, or of a
Tree, or of a Moolferry Tree, or of a tamarind Tree, or of a Female /
yan Tree, or of any fuch large Tree, the Magiftrate fhall fine him Twenty/V;j
of Cowries ? if he cuts the Middle of the Tree, he mall be fined Forty 1
Cowries ; and if he cuts it down from the Roots, he Diall b * fined Eighty Funs
of Cowries,
If a Man cuts any Trees that are in a Yard of a Houfe, or in a Place where
the Dead are caft, or on the Boundaries of Land, or in a Haul, or in a Be
or in the Place appropriated to Dew tab (i.e.) the Deity, the Magiftrate (hall fine
him Double the Price of the Trees.
If a Man cuts aP/afs Tree, the Magiftrate mail fine him Double the Price
of the Tree.
If a Man cuts any of the Creeping Tree called Lot, be it a large or a fmall
Tree, or fuch Kind of the Lut as upon being cut produces a great Number
of Branches, or any Tree whofe Branches are extremely crooked, or any
fmall Tree, or any Tree which dies after its Fruit is once ripened, the Magif-
trate mall fine him Ten Puns of Cowries ; if he cuts down any Grafs, the
Magiftrate fhall fine him One Pun of Cowries,
If a Man cuts a Tree that is capable of bearing Fruit, the Magiftrate mall
fine him One Thoufand Puns of Cowries.
4 U U
f 29a )
If a Man cuts a Tree that is capable of producing Flowers, the Magiftrate-
(hall fine him Five Hundred Puns ofCozcries..
Of all thefe Species of Trees above enumerated, if a Man cuts any One, the
Magiftrate (hall caufe him to return to the Owner, a Tree of the fame Species
with that which was cut-, if he has no fuch Kind of Tree, he fhall caufe the
Price thereof to be paid, and take a Fine, according to the Rate already above
fpecified •, nevertheless, a Man may cut Trees for the Purpofe of performing
the Jugg% or for making a Plough, or for his Ploufhold Bufinefs ; in fuch Cafes,,
there is no Fine.
S E C T. IV.
Of the Tax upon Buying and Selling Goods.
If a Man purchafes Goods in his own Kingdom, and fells them again in his
own Kingdom, then, whatever Profit he hath made, upon fnck Purchafe and
Sale, he fhall give One Tenth of that Profit to the Magiftrate ;; and if he-
made the Purchafe in a foreign Kingdom, and the Sale in his own, he fhall.
pay One Twentieth Share of the Profit to the Magiftrate..
If a Man, having purchafed Flowers or Roots, fuch as Ginger or Radifhes,.
cr fuch Kind of Things, or Honey, or Grafs, or Fire Wood, from ano-
ther Kingdom, lells them in his own, the Magiftrate fhall take to himfelf One
Sixth of the Profit arifmg upon them, and give to that Perfon the other Five
Sixths.
If
( 293 )
It a Man fells any Thing of a lefs Value than One Cabawmt(at Sixteen
Funs of Cowries) the Magiftrate mail not take any Tax thereon.
If a Man, having purchafed in another Kingdom any PaJJcc, orWheat, or
Plantains, or fuch other Fruit whofe Tree dies after once bearing brines and
fells them in his own, he fhall give to the Magiftrate One Sixth of the Profit
thereon, and keep Five Sixths to himfelf.
Whatever Profit a Painter, a Smith, or fuch Kind of Workman may-
have made, by labouring at his own Bufinefs, the Magiftrate fhall charge no
Tax thereon i nor fhall any Tax be taken upon the Profit which any Perfon
hath made, as a Cojfid (or MefTenger) neither is there any Tax upon felling
young Heifers.
If a Part of a Man's Property hath been flolen from him, no Tax fhall be
levied by the Magiftrate upon the Sale of what remains unftolen.
If a Serwutteree^i. e.) a Bramin learned in the Beids, fells any Thing, the
Magiftrate fhall take no Tax from him.
If a Man hath purchafed any Thing for the Worfhip of Dewtah (i.e.) the
Deity, the Magiftrate fhall take no Tax thereon.
SECT.
( 294. )
SECT. V.
Of the Quarrels between a Father and Son.
If a Quarrel mould arife between a Father who is a Man of Capacity
and his Son, whoever is Witnefs in fuch a Cafe, the Magiftrate fhall fine him
Ten Puns of Cowries.
If a Quarrel mould fubfift between a Father who is a Man of Capacity
and his Son, and any Perfon contrives by any Means to lengthen out the
Quarrel, the Magiftrate fhall fine him One Thoufand Puns of Cowries.
If a Quarrel fhould arife between a Father who is of fmall Capacity and
his Son, whoever is Witnefs in fuch a Cafe, the Magiftrate (hall fine him
Three Puns of Cowries,
If a Quarrel fhould fublift between a Father who is a Man of no Capacity
and his Son, and any Perfon contrives by any Means to lengthen out the
Quarrel, the Magiftrate fhall fine him Eight Hundred Puns of Cowries.
Whoever is Security upon a Quarrel between a Father and Son, the
Magiftrate fhall fine him Twenty-four Puns of Cowries.
If a Son commits a Fault, the Father fhall not be held as guilty for the
Fault of the Son,
SECT.
( 295 )
SECT. VI.
Of Serving unclea?i Vi&uah.
If a Man caufes a fuperior Bramin to eat Dung or Urine, the Magiftrate
fhall fine him Sixteen AJhrufies; if it be not a fuperior Bramin, he fhall fine
him One Thoufand Puns of Cowries; and if lie caufes him to eat Onions cr
Garlick, the Magiftrate fhall fine him One Hundred AJhrufies \ if he caufes
him to drink Wine, he fhall put him to Death.
If a Man caufes a fuperior Chehteree to cat Dung or Urine, the Magiftrate
fhall fine him Eight AJhrufies; if it be not a fuperior Chehteree, he mail fine
him Five Hundred Puns of Cowries; and if he caufes him to eat Onions of
•Garlick, or to drink Wine, he fhall fine him Fifty AJhrufies.
If a Man caufes a fuperior Bice to eat Dung or Urine, the Magiftrate fhall
fine him Four AJhrufies; if it be not a fuperior Bice, he fhall fine him Two
Hundred and Fifty Puns of Cowries; and if he caufes him to eat Onions or
Garlick, or to drink Wine, he fhall fine him Twenty-five AJhrufies.
If a Man caufes a fuperior Man of the Sooder Call to eat Dung or Urine, the
Magiftrate fhall fine him Two Hundred and Fifty Puns of Cowries; if it be not
a fuperior Perfon, he fhall fine him One Hundred and Twenty Puns of Cowries.
If a Man caufes a Perfon of the Arzal or lower Caft to eat Dung or Urine,
the Magiftrate fhall fine him Fifty-four Puns of Cowries.
If a Bramin voluntarily eats Onions or Garlick, the Magiftrate fhall banifh
3uch Bramin from the Kingdom.
a X SECT.
( ^ )
SECT. VII.
Of the Punifhme?it to be infli&ed on a Sooder for reading the
Beids.
If a Man of the Scodsr reads the Beids of the Shajier, or the Pooran, to a
Bramin, a Ckehteree, or a Bice, then the Magiftrate fhall heat fome bitter Oil,
and pour it into the aforefaid Sooder' s, Mouth-, and if a Sooder liftens to the
Beids of the Shafier, then the Oil, heated as before, fhall be poured into his
Ears, and Arxeez and Wax fhall be melted together, and the Orifice of his
Ears fhall be flopped up therewith.— ThisOrdinatidn ferves alio for the Arzal
Tribe.
If a Sooder gets by heart the Beids of the Shaft 'er, the Magiftrate fhall put
him to Death.
If a Sooder afTumes the Braminical Thread, the Magiftrate fhall fine him
Eight Hundred Puns of Cowries.
If a Seeder always performs Worfhip and the Jagg, the Magiftrate fhall put
him to Death, or fine him Two Hundred Afhrufies.
If a Sooder gives much and frequent Moleftation to a Bramin, the Magif-
trate fhall put him to Death.
If a Sooder afTumes the Cuftoms and Appearances of a Chehleree, and paries
his Time as fuch, the Magiftrate fhall confifcate all his Effects, and banifh him
the Kingdom; and if, afluming the confecrated Thread of aBramin, he paffes
l.'.s Time as fuch, he fhall fine him Eight Hundred Puns of Cowries.
SECT,
( 297 )
SECT. VIII.
Of the Properties of Punifhment ^ and of P unifying.
Punishment* is the Magiftrate ; Punifhment is the Infpirer of Terrour ;
Punifhment is the Nourifher of the Subjects ; Punifhment is the Defender from
Calamity, Punifhment is the Guardian of thofe that fleep; Punifhment, with a.
black Afpcct and a red Eye, terrifies the Guilty: If the Magiftrate inflicts
Punifhment according to the Shajler, then Punifhment produces fuch Confe-
quences as have been already fpecified in the Kingdom of that Magiftrate.
H"E who is of a good Character, and a Man of Veracity, and who forms
his Actions according to the Ordinations of the Shajier, and who retains learned
Pundits about him, and he himfelf alfo is a Man of Science, and not avaricious,
fuch Peribn is worthy to be a Magiftrate, and to have the Power of inflicting
Punifhment.
He who is not aflifted by learned Pundits, and who is avaricious, and who
is not a Man ot Science, and who pays no Regard to the Sbajlcr, and who doth
not practife what he hath read, and who doth not fpeak the Truth, and is
not of a good Character, fuch Peribn is not worthy to be a Magiftrate, and
to have the Power of inflicting Punimment.
If a Magiftrate doth not inflict Punifhment according to the Shifter, his
Subjects, and his Kingdom, and his PofTcfTions, and the Children of his Re-
lations, become mifcrable and contemptible.
Here the Image of Punifhment is introduced, or rather Punifhment is peiTonified.
I?
( *9« )
If a Magiftrate inflicts Punifhment upon the Guilty, and honourably treats
the Innocent, fuch a Man has all theRequifites for Magiftracy, and is always
fuccefsful, and enjoys a good Character, and in the next World goes to
Paradife.
S E C T. IX.
Of Adoption,
He who is dcfirous to adopt a Child muft inform the Magiftrate thereof,
and mail perform the Jugg, and mall give Gold and Rice to the Father of
the Child whom he would adopt ; then, fuppofing the Child not to have had
jhis Ears bored, or to have received the Braminkal Thread, or to have been
married in his Father's Houfe, and not to be Five Years old, if the Father
will give up fuch a Child, or if the Mother gives him up by Order of the
Father, and there are other Brothers of that Child, fuch a Child mail be
adopted.
A Woman may not adopt a Child without her Hufband's Order ; if me
has her Hufband's Confent, fhe may caufe the Braynins to perform a Jugg for
her, and may adopt the Child :— According to the Ordinations of Sewarteh
Behtacharige : Approved (or cuflomary.)— Pacbejhputtee Mifr fpeaks to this
Effect, that, even with the Hufband's Confent, a Woman may not adopt a
Child.
A Sooder may adopt a Child, upon procuring a Jugg to be performed for
2?kr> by the Bramins.
He
( 299 )
He who has no Son, or Grandfon, or Grandfon's Son, or Brother's Son,
mall adopt a Son j and while he has One adopted Son, he fhall not adopt a
Second.
SECT. X.
Of Swtdries*
If a Man, keeping any of fuch Species of Animals as have Teeth and
Horns, and being able to reftrain and confine the Strength of that Animal,
negle&s to fecure him, in that Situation, if the aforefaid Animal with his
Horns mould hurt any Perfon, or bite him with his Teeth, then the Ma»if-
trate mail fine the Owner thereof Two Hundred and Fifty Puns of Cowries-,
but if that Perfon has not Strength or Ability to reftrain the aforefaid Ani-
mal, and any Perfon mould be hurt thereby, the Owner of the Animal fhall
not be blamed.
If a Man keeps a Cow, or a Buffalo, or a Horfe, or an Elephant, or a
Camel, or a Wolf, or a Dog, and the Animal of any of thefe Kinds mould
iland in the Way, and a Perfon, pafTing by upon the Road, fliould defire the
Owner of the Animal to keep it on one Side, then, fuppofing the Owner to
have Ability to keep the Animal on one Side, upon his neglecting fo to do,
if the Animal mould by any Means hurt the PalTenger, the Magiftrate fhall
fine the Owner thereof Five Hundred Puns of Cowries.
If a Man exacts Labour from a Bullock that is hungry, or thirfty, or fa-
tigued, or obliges him to labour out of Seafon, the Magiftrate mall fine him
Two Hundred and Fifty Puns of Cowries.
4 Y If
( S^o )
If an) Man, by giving greater Wages than the Cuftom of the Country re-
quires, entertains a Servant, fo that all other Perfons, by his giving fuch great
Wages, are put to great Inconvenience, or if, when the Magiftrate hath fixed
the Price of any Article, he buys or fells fuch Article at a higher or lower
Rate, or if, by anyCozenage and Deceit, he fells an Article of lowValue for too
great a Price, or, byCozenage and Deceit, purchafes a valuable Commodity at
too low a Rate, the Magiftrate mall fine him One Thouiand Puns of Cowries.
If a Man, without an Order of the Magiftrate, fells an Elephant that is fit
for Bufinefs, or a Horfe that is fit for Bufmefs, or a Camel that is fit for Bufi-
nefs, or any valuable Jewels, or if a Man fells any Article which the Magif-
trate hath forbidden to be fold, the Magiftrate fhali fine him the Price of the
Article fold.
If a Man ufes any fevere Expreffion againft the Perfon who hath taught
him the Goiteree, or if a Pupil does not obferve the Commands of his Spiritual
Guide, or is prepared to alfault the Wife of his Elder Brother, or if a Man,
having been intruded to carry any Article from one Perfon to another, doth
not deliver it accordingly, Of if a Man hath opened the Lock of any Perfon's
Houfe, or if a Man hath a malevolent Difpofition towards a Stranger, the
Magiftrate fhall fine the Offender, in any of thefe Cafes, Fifty Puns of Cowries,
If a Man, who hath received any Moleftation from a Thief, or any other
ill-difpoled Perfon, fhonld fay to anoiher, " I receive fuch Moleftation from
a Thief, or from fuch other ill-difpofed Perfon, come you and free me from
him," then, if that Perfon, having fufficient Ability for the Purpofe, doth
not aflift, or fceak for the other, the Magiftrate fhall fine him One Hundred
Funs of Cdwties.
If
( 3°* )
If a Man, who hath not been molefted by a Thief, or any other Perfon,
mould fay, " I am molefted by a Thief, or by fuch other Ul-difpofcd Pcrfon,
I entreat the People to come to my Afliftance," in that Cafe, the Magiflr
(hall fine him One Hundred Puns of Cczvries.
When a Socder, or a Sinfltfee, is performing a Scradch, or a Worfhip to
Deivtab, if, upon an Invitation from fuch Men, a Bramin mould eat or drink
there, or if a Man takes an Oath which does not belong to him to take, or
if a Man fhould perform any Act which he is not permitted by the Shajier to
perform, or if a Man hath adminiftered any fuch Kind of Philter, fo that
there is no Fruit produced by the Trees, or caufes a Cow to take fuch a
Medicine as that me brings forth no Calf, or if a Man, having concealed
any Partnership Property, converts it to his own Ufe, or if a Man of the
Arzal, or low Call, intentionally ftrikes with his Hand a Braynin, a Cbtbtera,
or any other fuch fuperior Cait, the Magiftrate (hall fine the Offender, in.
any of thefe Cafes, One Hundred Puns of Cowries.
If a Father forfakes a Son, who has no Stain upon his Character, fuch as
the Lofs of Caft and fuch other difgraceful Circumftances, or if a Sen, of his
own accord, forfakes his Father, who has no Stain upon his C r, or if
a Friend forfakes his Friend, who is without Blemifh, or if a Brother foi
a Brother, without Difcovery of any Fault in him, or if a Hufband t
his Wife, without Fault in her, then, if any of thefe, if both the Parties a..
unfit for Bufinefs, and have no Remedy but that of Separation, the
trate mall fine the forfaking Party One Hundred Puns of Cowries •, if, i
any Reafon, but merely their own Choice, the one forfakes the otl
Magiftrate fhall fine him Two Hundred Puns cf Cowries ± if i
Parties one is fit for Bufinefs and the other unfit, then, if the unfit Perl
es
ts
es are
or
( 302 )
;is own. Choice, quits the other, the Magiflrate fliali fine him Six Hundred
Ptns of Cowries.
If one Perfon be going on a Road, and another be coming on it, then,
whomfoever the Ordinations of the Shajier require to give up the Way to the
other, that Perfon fhall give way accordingly : — The Distinctions of giving
way are as follows : If one Man is blind, and the other hath his Sight, this
latter fhall give way to the Blind ; if one Perfon be deaf, and the other hath
his perfect Hearing, the latter fhall give way to the Deaf: A Man fhall give
way to a Woman, and a Man empty-handed fhall give way to a Man with a
Burden j the Subject fhall give way to the Magiflrate, the Pupil to the Spi-
ritual Guide; and fo always an inferior Perfon fhall give way to a fuperior,
and an inferior Cafl to a fuperior, and an inferior Degree of Knowledge to a
fuperior Degree ; a Man in Health fhall give way to a fick Perfon ; and all
Perfons fhall give way to a Bramin: If any Perfon doth not give way ac-
cording to this Rule, the Magiflrate fhall fine him Twenty Puns of Cowries,
If a Man doth not give a Carpet to fit on, to fuch Perfon as he ought to
prefent with fuch a Seat, or doth not treat with proper Veneration a Perfon
to whom Veneration is due, or who, neglecting a faultlefs Bramin in his
Neighbourhood, invites a Bramin from a confiderable Diflance, or who,
having invited any Perfon, doth not offer him any Thing to eat, or who,
Jiaving accepted an Invitation, doth not go to the Houfe whither he was in-
vited accordingly, the Magiflrate fhall fine the Offender, in fuch Cafes, One
Majbeh of Gold.
If a Man, having accepted anothers Invitation, doth not eat at his Houfe,
then he fhall be obliged to make good all the Expence that was incurred in
eonfequence of the Invitation.
If
( 3^3 )
If the Magiftrate appoints any Man upon the Road to this Eire ft, to take
a Toll from all PafTengers going or coming by Water, and that Man levies a
Toll upon thofe who come or go by Land, the Magiftrate (ball fine him Ten
Puns of Cowries; in the fame Manner, if he has appointed him to the Land
Collections, and he levies any Thing from the PafTengers by Water, the Ma-
giftrate fhall then alio fine him Ten Puns of Cowries,
If any Man goes to a Woman, and forcibly commits Adultery with her,
and that Woman, from Bafhfulnefs and Modefty, exclaims, that Thieves at-
tacked her Houfe, then the Magiftrate fhall fine that Woman Five Hundred
Puns of Cowries.
If any Man forcibly commits Adultery with a Woman, and the Woman,
by Exclamations, being defirous to call the Neighbourhood, the Man gives her
Something as a Bribe, fo as to make her defift from her Exclamations, then,
whatever Bribe theW'oman hath taken, in fuch a Cafe, the Magiftrate fhall fine
her Eight Times as much.
If a Man, faying, that the Cloaths, which he has taken from the Body of
fbme deceafed Perfon, are fit for Ufe, and valuable, fells them as fuch, or, v.
out the Order of the Magiftrate, rides out with the Dignity of a Magiftrate,
or fits upon the Mufnud of the Magiftrate, the Magiftrate {hall fine an Offender,
in fuch Cafes, Five Hundred Puns of Cowries.
If a Man performs a Jugg, to procure the Death of any innocent Pc
the Magiftrate fhall fine him Two Hundred Puns of (
4 Z [f
( 3°4 )
If a Man, to procure the Death of any innocent Perfon, by anyContrivancey
caufes him to drink a Potion, or otherwife meditates his Death, the Magiftrate
ihall line him Two Hundred Puns of Cowries.
If a Man bores a Hole through any Jewel which is not proper for boring,
or, in fudi as are proper for boring, makes a Hole in the wrong Place, or
mixes any bafe and worthlefs Article with one that is valuable, the Magif-
trate mail fine him Two Hundred and Fifty Puns of Cowries.
If a Man felts any Thing unfit to eat, calling it an Eatable, or if any Caft
fells any Articles that are forbidden to be fold by that Call, or if a Bramin,
quitting his prefcribed Mode of Life, hath adopted other Manners, in any of
thefc Cafes, the Magiftrate fhall fine the Offender One Thoufand Puns of Cow-
ries.
If any Man demolifhes the Bundareh (i. e ) the Treafury and Store -
Houfe of the Magiftrate, or performs the Jugg% or the Poojeb, or fuch other
religious Exercifes, with a malevolent Intent towards the Magiftrate, or if,
being appointed to any Bufinefs, he fpoils that Bufinefs, or if he always takes
Bribes, in any of theie Cafes, the Magiftrate, conhTcating the whole Property
of the Offender, fiiall banifh him the Kingdom.
lv a Man, by cafting Briers into the Road, blocks up the Paflage, or mixes
Poifon with any Preparation, Salt, or Acid, or Bitter, or Sweet, or who mar-
ries to a Slave any Woman who is not herfelf a Slave, in iuch Cafes, the Ma-
I [Irate mail cut off One of the Offender's Limbs; if he is always guilty of
thefc P aftices, the Magiftrate (hall put him to Death.
In
( 305 )
In anyPlace where the Magiftrate is playing with any Pcrfor. at
or at Tables, or any other fuch Kind of Game, in that Cafe, if any 1
without Permiflion of the Magistrate, interpofes with his Hand, or | ..ik-
ing, the Magiftrate fhall put him to Death.
If any Man, without Permiflion of the Magiftrate, dreffes himiV..
Cloaths like thofe of the Magiftrate, or who, being appointed to an Office in
the Magiftrate's Service, continually neglects his Duty, to employ himfelf in
idle Amufements, or to hear Singing, or, in any otherDiffipation, mifpends
Time, or who collects a greater Revenue than the Magiftrate hath ordered, c c
who aims at the Magiftracy, without being defcended from the Magiftrai
Family, in fuch Cafes, the Magiftrate fhall put the Offender to Death.
If a Man, for his own Advantage, makes any falfe Entry in the Magif-
trate's Books, or, having difcovered a Thief, or an Adulterer, fuffcrs him :o
efcape unpunifhed, the Magiftrate fhall fine him One Thoufand Puns of
Cowries.
*
If a Man, of his own Invention, fays, that the Magiftrate has intruded to-
him the Difcuflion of any particular Affair, which, in fact, the Magiftrate
not fo intruded, and, upon this AflTertion, has caufed Damage to any Perfons,
the Magiftrate, in that Cafe, fhall fine him to the Extent of his Abilities 5 if
he be more than once guilty of the fame Offence, he fhall cut off One of hia
Limbs j if he hath a violent Propenfity to luch Crimes, he mail put him to
Death.
If any Man difobeys the Or... the Magiftrate, which may be executed*
and which is proper, the Magifti 11 cut off from him a I land, or a Ft
( 3°6 )
or fome other Limbj if he always offends in this Manner, he (hall put him
to Death.
If a Man makes complaint before the Magiftrate againft the Magiftrate's
Counfcllor, without any real Fault in him, or performs any Bufinefs or
Service for the Magiftrate's Accufer, the Magiftrate fhall put him to Death.
If the Magiftrate's Officer hath brought before the Magiftrate any Perfon
for any Crime, and, upon the Magiftrate's examining that Perfon, he fhould
deny the Crime laid to his Charge, then, even if a fmall Offence be proved
againft him, upon a trifling Crime, the Magiftrate fhall levy a great Fine.
If a Woman caufes any Perfon to take Poifon, or fets fire to any Perfon's
iloufe, or murders a Man, then the Magiftrate, having bound a Stone to her
Neck, fhall drown her, upon Condition of her not being with Child.
If a Woman murders her Spiritual Guide, or her Hufband, or her Son,
the Magiftrate, having cut off* her Ears, her Nofe, her Hands, and her Lips,
fhall expofe her to be killed by Cows, on Condition of her not being with
Child.
If a Man fpoils any Article made of Leather, or any Wooden or Clay
Vtflfels, the Magiftrate fhall fine him Five Times as much.
If a Man caufes another to do any bad Action, the Magiftrate fhall take
from him Double of the Fine annexed to the Commiflion of any particular
Crime : If a Man fays to another, " Do you commit this bad Action, I will
ftand to all the Expences that may arife," then the Magiftrate fhall fine him
Four Times as much.
If
( 3°7 )
If a Man caules another to begin any badAction, or fhew&Jiim thcWay Co
commit a bad Action, or furnifhes him with any Implements for the CommiuTm
of it, or who, fufpecting that the other Perfon is a Thief, gives him a HUcc
where to refide, in thefe Cafes, the Magistrate fliall fine him to the Extent of
his Abilities.
When a Man hath murdered another, if a third Perfon, who had Power
to reflrain the Murderer, neglected to do it, or, not having Power of himftlf
to reflrain the Murderer, yet, by fpeaking to another Perfon, could have
caufed him to be reftrained, and neglected to fpeak, or when the Magiftrate
is prepared to chaftife any Perfon, if another, at that Time, relates his Faults,
or when a Man tells another, that he is defirous to commit a bad Action, if the
other advifes him thereto, the Magiftrate, in thefe Cafes, fliall fine the Offender
to the Extent of his Abilities.
If a Man, having committed a bad Action, mould fay, in Prefence of the
Mao-iflrate, or of a confiderable Number of Perfons, that he hath committed
fuch Crime, the Magiftrate fliall exact from him but Half the Fine.
If a Man in immediate Danger of his Life, by committing a badA£tion,can
fave his Life, in that Cafe, the Magiftrate fliall not fine him.
If a Man of Veracity and general good Principles ignorantly commits any
bad Action, the Magiftrate fliull not fine him.
If a Man, intending to commit a bad Action, hath proceeded fo far as to
commit fome little Part of that bad Action, the Magiftrate frail fine him One
Quarter Part of the whole Mulct ftated for fuch Crime; if he has proceeded
ftill farther in the Commiffion of that Crime, the Magiftrate fliall take from
* A him
C 308 )
him One Half of that Fine •, if he completes the faid bad Action, he fhall take
the equivalent Fine.
If a Reyet commits any Crime, the Magiftrate, immediately upon receiving ;
Information thereof, fhall exact the Fine, and give him fevere Caution not to
commit the fame Crime a Second Time.
In any Cafe where many Perfons in Confederacy commit any Crime, the
Magiftrate fhall take from each Individual a double Fine.
Punishment is of Two Sorts : The Firft Corporal, or Infliction of Seve-
rity upon the Body, and that is alfo of Two Sons ; the Firft binding and
lafhing the Body, or cutting off fome of the Limbs; the Second putting to
Death: The Second Sort of Punifhment is Attachment of Property, and this-
has various and many Modes.
If a Man is frequently guilty of any of thofe Crimes, the Fine for which is ■
ftated at One Pun of Cowries, the Magiftrate fhall fine him One Mafheh of
Siher; if he frequently commits fuch Crimes as are ftated at On^ Mcijheh of
Silver, then the Magiftrate fliall fine hJmOne Cabazvun of Cowries-, if a Man fre-
quently commits any of thofe Crimes, the ftated Fine for which is One Ca-
hawun to Two Hundred and Forty-nine Pirns of Cowries, then the Magiftrate
fhall fine him Four Times as much; beyond this, in fuch Sort of Crimes,
there is no greater Fine.
In Cafes where the ftated Fine to be taken from any Man, for a particular
Crime, is One Cahawun of Cowries, if the Magiftrate commits fuch Crime, in
that Cafe, the aforefaid Magiftrate fhall be fined One Thculund Puns of Cowries.
If a Wan of the /frxi/Caft, after Contact, of whom Wafhing is necefTary,
or if a Man fprung from the Womb of a Woman of fuperior Caft, and from
the
( 3°9 )
the Loins of a Man of meaner Cad, or if a Woman, or a Child, or a Man in-
Neccfllty, commit any Fault, the Magiftrate, from fuch Per Ions, fhall not exatt
any Fine.
In Crimes where a Man's whole Property is to be taken as the Fine for
them, if Painters commit fuch a Crime, the Magiftrate, giving to them lb*
ncceffary Implements for Painting, fhall confifcate the whole of their Pro-
perty.
If a Man, who gets his Livelihood by Tillage, commits fuch Crime as that
his whole Property becomes liable to Confiscation, then the Magiftrate, leaving
him fuch Subfiftence and Implements of Tillage a?, upon Computation, will
ferve till his Crop is ripe, mall confifcate all the Reft of his Property.
If Singers, Muficians, or Dancers, commit any fuch Crime as that the
whole of their Property becomes liable to Confiscation, then the Magiftrate,.
giving them the Implements of their Profeffion, fhall confifcate all the Rell of
their Property.
If a Dancing Girl (or common Proftitute) commits fuch Crime as that
all her Property becomes liable to Confiscation, the Magiftrate, giving to her
her Cloth, or Carpet, for fitting, her Cloaths, Jewels, and a Place of Abode,
fhall confifcate all the Reft of her Effects : In the fame Manner, to a Soldier,,
fhall be given his Implements of War ; and to a Man, exercifing any Pro-
fefiion, the Implements of that Profeffion fhall be exempted from the Confif-
cation of all the Reft of his Property.
In Cafes where it is ordered a Man fhall be put to Death, inftead thereof,*
he fhall pay One Hundred /Ifljrufies^ and where it is fpecifird, that One of
his Hands, or One of his Feet fhall be cut off, inftead thereof; he frudl j ay
Ei
( 3'0 )
Fifty AJhrujics \ and inftead of having Two of his Fingers cut off, he fhall pay
Twenty-five Aprufies ; fo alfo, where Banifhment from the Kingdom is his
Sentence, inftead thereof, he mail be fined Twenty- five Aforujies.
If in Two Places Two different Fines are fpecified for the fame Crime,
it mud then be confidered, whether the Offender hath committed this Crime
Once only, or repeatedly ; if he hath but Once been guilty, then, in the place
where a fmaller Fine is fpecified, according to that Specification he fliall be
fined; and if he hath frequently committed the fame Offence, then he fliall pay
the larger Fine : It fhall be confidered alfo, whether the Criminal be a Man
of large or of inconfiderable Property ; if he is a Man of large Property, he
fhall pay according to the Specification of the larger Fine •, if he is not a Man
of Property, then he fhall be fined according to the fmaller Mulct fpecified.
Is Cafes where it is fpecified, that a Man fhall be fined the fame Mulct
as a Robber, or as an Adulterer, or any other Offender, then, whatever Fine is
fpecified to each particular Crime, a Fine of Half as much as that flated Fine
fliall be taken fiom him.
If Men of Rank, or of good Principles, or of Learning, commit fuch
n Crime as to deferve a capital Punifhment, and are not Men of Property,
the Magiftrate fliall take from them lefs than One Hundred AJhruJIes, in pro-
portion to their Fortune •, if they frequently commit the fame Crime, the
Magiftrate fliall confifcate all their Property, by way of Fine, and fliall banifh
them the Kingdom.
If a Bramin, who hath always acted in conformity to the Beids, commits
fuch a Crime as to deferve capital Punifhment, then the Magiftrate, to pre-
vent him in future from the Commiffion of fuch Crimes, fliall confine him
in perpetual Imprisonment : If a Chehteree, or Bice^ or Sooder, is unable to
pay
( 3'i )
pay fuch Fine as is ordained by the Shajler, the Magiftrate (hall caufe them
to labour in lieu of fuch Fine; but he fhall not caufe a Bram our ::i
this Manner, but fhall take the Fine from him by fmall Proportions.
If a Woman of Property commits a Crime, the Magiftrate (hall fine her-,
if (lie hath no Property, he fhall chaftife her.
If a Child, or an old and impotent Perfon, or a fck Man out of Ignorance,
or an Idiot, commits any Crime, the Magiftrate (hall not take any F;ne (•: .
fuch Perfons, but (hall chaftife them.
If a Bramin goes to wait upon a Magiftrate, the Servants and Derbans fhall
not obftru& his Entrance, but (hall give him a ready Admittance.
If a Bramin be PafTenger in a Boat, he (hall not pay any Cowries to the
Watermen, and he fhall enter into the Boat before any of the other Paflengers,
and (hall alfo come out before them.
If a Bramin^ having purchafed any Goods, be PafTenger in a Boat, he (hall
not pay any Thing to the Waterman, upon Suppofition that he has not bought
thofe Goods for Traffick or Sale.
If a Man borrows Honey, or Sugar, or Salt, and does not repay it in the
Space of Fifty Months, he (hall be obliged to give Eight Times as much.
If a Man hath borrowed any Seed, he fhall be obliged to return Six Ti:r,es
as much, upon Suppofition that he does not repay it in the Space of Fifty
Months.
§ B
( 3*2 )
If a Man hath intruded, to be tended by a Herd! man, a Cow, or a Female
Buffalo, and hath ftipulated ibme Milk for the Herdfman's Wages, then, upon
the Owner's neglecting, for a long Time, to take back fuch Cow or Buffalo,
the Herdiman fhall take the Calves produced from them as his own Property.
Exclusive of thofe Articles fold by Weight, of which mention is made in
the Chapter of Borrowing, if a Man borrows any other Article that is fold
by Weight, and does not repay it for a long Space of Time, he mail be obliged
to give Eight Times as much.
If a Man, having been Lofer at any Game, hath, for a long Time, omitted
to pay the Wager ftipulated thereupon, he neverthelefs fhall not pay Inteieft
upon it.
If a Man hath by Slight and Cunning taken any Thing from another, that
Perfon, at the Time of recovering his Property, fhall not receive any Intereft
thereon.
If a Man, depofiting a Pledge with any Perfon, borrows Money of him, and
the Pledge by any unexpected Accident be deftroyed, then the Borrower mail
commit fome other Article to the Lender's Charge, until Repayment of the
Money, or fhall repay the Money upon the Spot.
If a Pledge, in the Hands of a Creditor, be deftroyed by any Fault of the
Creditor, then, iuppofing the Value of the Pledge to be equivalent to the
Money lent, the Borrower fhall not make good the Debt; if the Value thereof
be leis than equivalent, the Borrower fhall make good the Amount of thc( De-
ficiency j if the Price of the Pledge be more than equivalent to the Money
borrowed,
( 3*3 )
borrowed, the Debt fhall go in Part Payment thereof, and the Credi
fhall be obliged to make good the Remainder.
If a Father, having borrowed Money, from abfolure Inability, nc
pay the fame, his Son, if able to furnifh the Money, fhall pay the Debt.
If a Hufband borrows Money, his Wife fhall not repay it-, if a Son bor-
rows Money, the Mother fhall not pay the Debt ; if they have incurred the
Debt by mutual Confent, the Mother mud pay it.
If a Creditor Once only obliges his Debtor to perform any Labour on Ac-
count of the Debt, which is not proper for that Debtor to perform, the Ma-
giftrate fhall fine that Creditor Two Hundred and Fifty Pirns of Cowries*
If a Mm, having incurred a Debt, is unable to pay it, on Account of a
Famine, or any fuch Calamity, the Creditor fhall be contented to receive the
Money in fmall Proportions, and fhall not exercife any violent Severity
the Debtor.
If a Man brings a Claim againfl any Perfon, faying, " You owe me a Sum
of Money," and that Perfon denies the Debt, then, upon the Creditor's proving
the Debt, that Perfon, if he be rich, fhall be fined Twice as much as the Debt •,
if he be a Man of inconfiderable Property, he fhall be fined a Sum equivalent
to the Debt.
If a Man, having borrowed Money of feveral Lenders, hath pure.
Goods therewith, and all the Creditors aflemble together at Once, and the
Debtor hath no immediate Means of paying them, then whatever Goods he
hath purchafed with each Creditor's Money fhall be fold, to repay each Credi-
tor refpectively.
When
( 3H )
When a Debtor hath paid his Creditor the Sum of his Debt, he fhall receive
his Bond back from the Creditor, and fhall tear its and {hall alfo take a written
Releafeor Receipt from the Creditor.
If a Man hath borrowed Money from a Lender, and hath not given a Bond,
but there be WitneiTes to the fame, then, at the Time of Repayment, the
Money fhall be delivered in Prefence of the fame WitnefTes.
If any Man, having been expelled and excommunicated from his Call, per-
forms the Perafuchut^ or Expiation, then, during his Life-Time, his Son, and
Grandfon, and luch other natural Heirs, fhall not become pofTeiTed of hisEftate;
but his Property lhall be divided among them, according to their Right of
Inheritance.
If there are Two, or Four, or more Heirs, and One or Two of them, by
applying to Ufe the Partnership Property, acquire fome Profit from thence,
then all the Partners, according to their Property in the Stock, fhall receive a
Share of the Profit; but he who acquired this Profit fhall divide their Pro-
perty into equal Shares, and fir ft fhall take One Share thereof to himfelf, and of
the reft they all lhall take Shares reflectively, according to their Proportion of
the Stock: But this Ordination is only to be underftood in Cafes of unequal
Shares in a Joint Concern; if the Shares of all the Partners are equal, then
he who acquired the Profit thereon fhall receive Two Shares, and the others
ihall each receive One Share.
If the feveral Partners have an equal Right to a Female Slave, or to a Slave,
then all the Partners fhail exact an equal Portion of Service from that Slave,
or Female Slave.
If
( 3i5 )
If any One of the Partners hath concealed any Part of the Joint Pror-
then, upon Difcovery thereof, fuch concealed Property (hall be divided among
the Partners ; but they fhall not receive any Share of that Property which hath
already been divided.
If a Man hath forcibly taken any Thing from another, or forcibly caufcJ
him to fign any Writing, or by Violence ej I any of his Property,
not approved.
If a Man, by forcible Means, or, by any deceitful Artifice, hath fold any
Thing, or managed any other Tranfaction, it is not approved.
If, during the Night-Time, or in a concealed Part of the Ho ufe, or with-
out the Precincts of the Town, or in fuch other concealed and fufpicious
Places, a Man hath bought and fold any Thing, or managed any other Tr-
action, it is not approved.
If a Woman, or a Perfon intoxicated, or an Idiot, or a fick Perfon, or a
Child, or a Man under violent Dread, hath performed any Tranfaction, it is
not approved.
Exclusive of the Plaintiff and Defendant, and the Vakeel, or the Son, or
the Slave of the Plaintiff and Defendant, if any other Perfon takes upon h n
to fettle the Affairs, it is not approved.
If a Man doth not give up Goods intrufled to him, when the Perfon who
intruded them demands the fame, then, if he be rich and void of Religion, the
Magiftrate fhall fine himTwice as much as the Value of the Goods in Truft-, if
5 C he
( 3*6 )
he is not a Man of Property, nor void of Religion, he mall only fine him an
Equivalent.
If a Man ignorantly, without any accidental Calamity, fpoils Goods in-
trufted to him, in that Cafe, he is not to make good the whole of the Effects in
Truft, but he mall pay fomewhat lefs than the Value of the Property intruded
to him, and the Sons of that Perfon are not to pay any Part thereof.
If the Goods in Truft be fpoiled by the Fault of the Sons, then the Sons alfo
(hall pay.
When a Pupil takes Leave of his Matter, after having been inftructed in
any Science, the Mailer, upon giving him his Difmiffion, (hall give him fome
Money, according to the Extent of his Abilities.
If a Man, having received Service at the Hands of a Servant, doth not pay
him his Wages, the Magiftrate fhall caufe him to pay the Wages, and mall
alfo fine him.
If a Man hath married any Female Slave, he becomes the Slave of the
Owner of that Female Slave, in cafe he is not already the Slave of any Perfon ;
if he is the Slave of any Perfon, and marries that Female Slave, with the
Confent of his Matter, he then alfo becomes the Slave of the Owner of the
Slave Girl.
If a Marriage is contracted between a Slave and a Slave Girl, without the
Confent of the Owner of the Slave, or that of the Owner of the Slave Girl, then
the Slave continues to belong to his original Owner, and the Female Slave alfo
remains with her original Owners.
I?
( 3'7 )
If any Perfon's Cow, being covered by another Perfon's Bull, mould pro-
duce a Calf, then the Owner of the Cow fhall have the Calf, and the Owner
of the Bull fhull not have Power to lay any Claim to it.
If a Man, having purchafed any Goods, doth not pay the Toll thereon in
the Bazar, or at theCbckey, the Magiftrate fhall take Eight Times as much as
theToll from him ; if thatPerfon, for the Sake of avoiding Payment of Toll,
quits the right Road and takes another, the Magiftrate fhall confifcatc all I
Property.
If a Man, to avoid paying Toll, doth not fell his Goods at the regular
Hours of Sale, but fells them privately, the Magiftrate fhall fine him Eight
Times as much.
In a Tran faction of returning purchafed Goods, if the Purchafer returns
fuch Articles within the Time limited for that Pur; oic, in the Chapter of
Buying and Selling, then he fhall divide that Space of Time into Three
if he returns the Goods within the Space of the Firft Diviiion of Time, it is
of no farther Conlequence •, if he returns them within the Second Divifion of
Time, he fhall give One Thirtieth of the Price of the le, together v
the Article returned to the Seller; if within the Third Space of* Time,
then fhall give to the Seller One Fifteenth of the Price of the Artie" .
with theArticle fo returned •, and, after the Expiration of that Space oi
purchafed Articles mult not be returned.
In the Chapter of Buying and Selling, according to the Space of ".
therein limited for returning purchafed Goods, if a Man, having boi.
any Commodity, returns it after the Expiration of that Period, or,
( Si8 )
fold any Articles, takes them back again, the Magiflrate mall -fine that
Pei Ton Six Hundred Puns of Cowries*
If a Man, having purchafed a Cow or a Buffalo that gives Milk, returns
it within the Period of Time limited for fuch Returns, he (hall, upon return-
ing the fame, give One Tenth of the Price thereof to the Seller-, in returning
purchafed Cows or Buffaloes, there is no Divifion of the limited Period into
Three Parts, as before.
If the Purchafer of the Cow or Buffalo hath taken the Purchafe into his
■own Poffcffion, he mall give to the Seller One Sixth of the Price thereof.
If a Man gives falfe Teflimony in a Matter of Limits and Boundaries,
then the Magiflrate mail fine him Two Hundred and Fifty Puns of Cowries.
If that Perfon is an immediate Neighbour to thofe Boundaries, then the
Magiflrate (hall fine him Five Hundred Puns of Cowries.
If a Man fleals any Thread, or Cotton, or Cow Dung, or Grafs, or Water,
or Sugar Cane, or Veffels of Bamboo (that is Cane) or Salt, or Earthen Pots,
or Sand, or Dufl, or Clay, or Fifti, or Birds, or bitter Oil, or Flefli, or Honey,
or Leather, or Ivory, or the Horns of Animals, or Wine, or Victuals, or Fruit,
which any Perfon hath bought for his own Ufe, then the Magiflrate, caufing
fuch Articles to be returned to the Owners, fhall fine the Thief One Hundred
Puns of Cowries.
The Sbait, or Poojkteh-bundee, is of Two Sorts: The Firfl, Khieu (i.e.) a
Bridge, through which the Water has free Paffage; the Second, Bundboo (i. e.)
Bank, or Dam, through which the Water does not flow.
If
( 3i9 )
If a Manerefls fuch a Bridge or Bank upon the Land of another Perfon,
and that Perfon fuftains a (mail Injury from the faid Bank, and the Publick
receives a material Benefit, then that Perfon is not permitted to interrupt the
Progrefs of the faid Pocfotcb-bundee.
If a Man hath erected a Bridge or Bank upon any particular Spot, from
the Conftruction of whicli Bridge or Bank the Crops upon other Perfons
Grounds are much benefited, this Man hath no Power to claim the faid C -
but the Owners of the Land (hall pofllfs the Crops refpeclively.
If a Chebteree commits Adultery with a Woman of the Bramin Caft,
has no Mafter, by her own Confent, the Magiitrate fhall fine the faid I
One Thoufand Puns of Cowries, and fhall caufe the Hair of his Head
fhaved off with the Urine of an Afs.
If any Man (hikes the Anus of another, the Magiitrate lhall fine
Forty Puns of Cowries.
Whatever Ordination fuch Bramins as are Pundits delivered to the
Reyots from the Sbafter, the Reyots fhall acknowledge and obcry the fame:
Whoever, being a Pundit, does not fpeak the Sentiments of the Sbaftcr, the
Magiflrate lhall fine him Two Hundred and Fifty Puns of Cowries.
Upon the Magiftrate's having, made a regular Investigation, whatever
Orders he ihall iffue to any Perfon, if that Perfon does not act in conformity
thereto, the Magiflrate fhall fine him.
5 D Min
( 3^0 )
IMln that vilify the Magiftrate, or Men of innate bad Principles, or Men,
who, without Reafon, caufe any internal Uneafinefs to others, the Magiftrate
mall banilh all fuch from the Kingdom.
cr
If a Man, having always been ufed to eat and drink with another, with-
out aiiy Fault of that Perfon, will no longer eat and drink with him, then
he Magiftrate lhall hold him guilty.
If feveral Perfons in a Confederacy refufe to pay to the Magiftrate his
proper Dues, the Magiftrate lhall exact Eight Times as much from each
Individual.
If any Perfon, having borrowed Money in the Name of feveral Perfons,
applies the fame to his own Ufe, that Perfon fhall be obliged to pay the Debt.
If the Father or Mother of the Magiftrate, or any Perfon who hath taught
the Goiteree, or a Child, or a weak old Perfon, or a Man of Rank and Know-
ledge in the Beids of the Shajier, and who acts in conformity to the Beids, or a
Kinfman and Relation of the Magiftrate, commits a Fault, the Magiftrate
fliall not take a pecuniary Fine from fuch Perfons, nor fhall cut off their
Limbs, but fhall utter fevere Exprefiions of Wrath againft them.
If a Sinajfee, or a Ban Perufl, or a Berhemcharry, commits any Crime, the
Magiftrate fhall not take from them any pecuniary Fine, and fliall not cut
off the Limbs of fuch Perfons, but fhall anathematize them.
There is no Crime in the World fo great as that of murdering a Bramin\
wherefore the Magiftrate fhall never defire the Death of a Bramin^ nor fhall he
ever cut off his Limbs.
If
( 32* )
If a Bramin is guilty of drinking Wine, he fhall be branded in the For?-
head with the Sooradhuch :— Sooradhuch is that, at the Time of drinking Wine,
upon turning down the Cup, in fuch Manner as that the Wine falls from the
Mouth of the Cup ; in the fame Form, they (hall brand the Bramin** Forehead
with a hot Iron.
If a Bramin commits Adultery with any of his Father's Wives, exclufive
of his own Mother, the Magiftrate fhall brand him with a hot Iron in the
Forehead with the Mark of the Pudendum Mulicbrc.
If a Bramin hath murdered another Bramin, the Magiftrate fhall brand
him in the Forehead with the Mark of a Man without a Head.
Every Bramin, who does not every Day act according to the Sbajler, and
who acts in contradiction to the Shafier, fhall be confined in Prilbn by the
Magiftrate, until fuch Time as he reverts to the Duties of his Relig;on •, if he
never reverts to the Duties of hisReligion, he fhall be banifhed the Kingdom.
The Magiftrate fhall not take any of the Property termed Afiba Phiuk
(a Defcription of which is to be found in the Chapter of Pak-Parijb) if he
takes a Fine from thence, he fhall caft it into the Water, or fhall give it to
fuch Bramin as is firm in his Religion, and who acts in conformity to the
Beids •, if the Magiftrate doth not appropriate to himfelf the Property called
Maha Patuk, but acts according to what is herein enjoined, then the Lives of
Men are prolonged in his Kingdom, and Learning fiourifhes there, and
beautiful Children are propagated there.
From a Man that is rich, a larger Fine than that refpectively fpecified
fhall be taken, that, feeling the Inconveniencies of the Mulct, from the Fear
thereof,
( 3« )
thereof, he may be reftrained from the Commifllon of fuch Crimes a Second
Time.
After being acquainted with the Fines dated for each particular Species
of Theft, as mentioned in the Chapter of Theft, if a Sooder commits £
Robbery, he mall pay Eight Times as much ; if a Bice, he (hall pay Sixteen
Times as much •, if a Chehteree, he (hall pay a Fine of Thirty-two Times as
much -, if he be a Bramin, he fhall pay Sixty-four Times as much ; if he be
a Bramin of extenfive Knowledge, he fhall pay One Hundred Times as much \
if he be a Man of the greateft Rank, he fhall be fined One Hundred and
Twenty Times as much.
According to the Ordinations delivered in this Pootee, or Compilation,
the Magiftrate fhall adminifler Juftice ; if any Matter Jhould come before
him, which is not included herein, he fhall confider the general Scope of this
Pectee, and judge accordingly, and fine proportionably •, and in fuch Cafes
where the Fine is not particularly fpecified, he fhall investigate the Affair,
and take a Fine.
THE END.
46b
UNIVERSITY OF CALIFORNIA AT LOS ANGELES
THE UNIVERSITY LIBRARY
This book is DUE on the last date stamped below
MAR 14 1JW&;
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UNIVERSITY of CALIFORNIA
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